Immigration, Asylum and Nationality Act 2006 (Version in vigour from 2024-04-25 to )

CurrencyUnapplied prospective
Coming into Force25 April 2024
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  • (1) After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: national security) insert—
      (97A) National security: deportation
    • “(1) This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.
    • (2) Where this section applies—
    • (a) section 79 shall not apply,
    • (b) the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and
    • (c) for the purposes of section 2(5) of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeals from within United Kingdom) it shall be assumed that section 92 of this Act—
    • (i) would not apply to an appeal against the decision to make the deportation order by virtue of section 92(2) to (3D) ,
    • (ii) would not apply to an appeal against that decision by virtue of section 92(4) (a) in respect of an asylum claim, and
    • (iii) would be capable of applying to an appeal against that decision by virtue of section 92(4) (a) in respect of a human rights claim unless the Secretary of State certifies that the removal of the person from the United Kingdom would not breach the United Kingdom's obligations under the Human Rights Convention.
    This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.section 79 shall not apply,the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, andwould not apply to an appeal against the decision to make the deportation order by virtue of section 92(2) to (3D) ,would not apply to an appeal against that decision by virtue of section 92(4) (a) in respect of an asylum claim, andwould be capable of applying to an appeal against that decision by virtue of section 92(4) (a) in respect of a human rights claim unless the Secretary of State certifies that the removal of the person from the United Kingdom would not breach the United Kingdom's obligations under the Human Rights Convention.A person in

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