Removal of persons refused leave to enter and illegal entrantsU.K.
8(1)Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—U.K.
(a)give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
(b)give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c)give those owners or agents F1. . .directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
(i)a country of which he is a national or citizen; or
(ii)a country or territory in which he has obtained a passport or other document of identity; or
(iii)a country or territory in which he embarked for the United Kingdom; or
(iv)a country or territory to which there is reason to believe that he will be admitted.
(2)No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom [F2(ignoring any period during which an appeal by him under the Immigration Acts is pending)][F3except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person].
Textual Amendments
F1Words in Sch. 2 para. 8(1)(c) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I
F2Words in Sch. 2 para. 8(2) inserted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 4 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and S.I. 2003/1339))
F3Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(1)(4)
Modifications etc. (not altering text)
C1Sch. 2 para. 8 applied (2.10.2000 with application as mentioned in reg. 9 of the applying S.I.) by S.I. 2000/2326, reg. 25(3)(a)
Sch. 2 para. 8 modified (18.7.2001) by S.I. 2001/2590, art. 3
Sch. 2 para. 8 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)
Sch. 2 para. 8 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.
C2Sch. 2 para. 8 applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)
C3Sch. 2 para. 8(2) amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 13; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
C4Sch. 2 para. 8(2) modified (2.10.2000 with application as mentioned in regs. 9, 28 of the modifying S.I.) by S.I. 2000/2326, reg. 32(4)(7) (as substituted (1.4.2003) for reg. 34(4)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))
9[F4(1)]Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).U.K.
F5[(2)Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.]
Textual Amendments
F4Sch 2 para. 9 renumbered as 9(1) (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III
F5Sch. 2 para. 9(2) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III
Modifications etc. (not altering text)
C5Sch. 2 para. 9 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)
Sch. 2 para. 9 modified (18.7.2001) by S.I. 2001/2590, art. 3
Sch. 2 para. 9 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.
10(1)Where it appears to the Secretary of State either—U.K.
(a)that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or
(b)that directions might have been given in respect of a person under paragraph 8 above [F6but that the requirements of paragraph 8(2) have not been complied with];
then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).
(2)Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).
(3)The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.
Textual Amendments
F6Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(2)(4)
Modifications etc. (not altering text)
C6Sch. 2 para. 10 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
Sch. 2 para. 10 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)
Sch. 2 para. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)
C7Sch. 2 para. 10 applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)
[F710AU.K.Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.]
Textual Amendments
F7Sch. 2 para. 10A inserted (10.2.2003) by 2002 c. 41, s. 73(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
Modifications etc. (not altering text)
C8Sch. 2 para. 10A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)
11U.K.A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer [F8or the Secretary of State], on board any ship or aircraft in which he is to be removed in accordance with the directions.
Textual Amendments
F8Words in Sch. 2 para. 11 inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 1; S.I. 2014/2771, arts. 2(e), 4(g) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
Modifications etc. (not altering text)
C9Sch. 2 para. 11 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10(9)(a) (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision was extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
Sch. 2 para. 11 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)
Sch. 2 para. 11 applied (with modifications) (12.7.2002) by S.I. 2002/1832, art. 2(2), Sch.
C10Sch. 2 para. 11 applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)