Part I U.K. Regulation of Entry into and Stay in United Kingdom

Modifications etc. (not altering text)

C1 Pt. 1 extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(a), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (29.6.2011) by S.I. 2011/1408, art. 1, Sch. paras. 1, 2(c)(f) and as further amended (11.2.2016) by S.I. 2016/156, arts. 1(2), 6 and (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11)

C2 Pt. I amendment to earlier affecting provision S.I. 2008/680, Sch. 3 para. 10, 44, 49, 56, 76, 77 (29.6.2011) by Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408), art. 1, Sch. paras. 1, 2(c)(f)

C3 Pt. I amendment to earlier affecting provision S.I. 2008/680, art. 6(2)(a), Sch. 3 (11.2.2016) by The Immigration (Isle of Man) (Amendment) Order 2016 (S.I. 2016/156), arts. 1(2), 6

[F1 8B Persons excluded from the United Kingdom under international obligations. U.K.

(1) An excluded person must be refused—

(a) leave to enter the United Kingdom;

(b) leave to remain in the United Kingdom [F2 (and any leave given to a person who is an excluded person is invalid)].

(2) A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

[F3 (3) Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.]

(4) “Excluded person” means a person—

(a) named by or under, or

(b) of a description specified in,

[F4 an instrument falling within subsection (5)].

(5) [F5 An instrument falls within this subsection] if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—

(a) requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

(b) recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

[F6 (5A) Subsection (1), (2) or (3) does not apply to a person if—

(a) the application of that subsection to that person would be contrary to the United Kingdom's obligations under—

(i) the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or

(ii) the Refugee Convention (within the meaning given by that provision), or

(b) the person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).]

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 8B inserted (1.3.2000) by 1999 c. 33, s. 8; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F2 Words in s. 8B(1)(b) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(4), 94(1); S.I. 2016/603, reg. 3(n)

F3 S. 8B(3) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(5), 94(1); S.I. 2016/603, reg. 3(n)

F4 Words in s. 8B(4) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(6), 94(1); S.I. 2016/603, reg. 3(n)

F5 Words in s. 8B(5) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(7), 94(1); S.I. 2016/603, reg. 3(n)

F6 S. 8B(5A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(8), 94(1); S.I. 2016/603, reg. 3(n)

F7 Ss. 8B(6)-(8) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), ss. 76(9), 94(1); S.I. 2016/603, reg. 3(n)