(1)In this section “foreign criminal” means a person—
(a)who is not a British citizen [F1or an Irish citizen],
(b)who is convicted in the United Kingdom of an offence, and
(c)to whom Condition 1 or 2 applies.
(2)Condition 1 is that the person is sentenced to a period of imprisonment of at least 12 months.
(3)Condition 2 is that—
(a)the offence is specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal), and
(b)the person is sentenced to a period of imprisonment.
(4)For the purpose of section 3(5)(a) of the Immigration Act 1971 (c. 77), the deportation of a foreign criminal is conducive to the public good.
(5)The Secretary of State must make a deportation order in respect of a foreign criminal (subject to section 33).
(6)The Secretary of State may not revoke a deportation order made in accordance with subsection (5) unless—
(a)he thinks that an exception under section 33 applies,
(b)the application for revocation is made while the foreign criminal is outside the United Kingdom, or
(c)section 34(4) applies.
(7)Subsection (5) does not create a private right of action in respect of consequences of non-compliance by the Secretary of State.
Textual Amendments
F1Words in s. 32(1)(a) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 17(2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 32 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch. (with art. 3)