D2.20 Limitations on deportation

See also Immigration Act 2009 ss 164, 166

1. No person who is recognised as a refugee or a protected person, nor a claimant, may be deported under the Immigration Act 2009, although:
   1. A refugee or a claimant for recognition as a refugee may be deported but only if Article 32.1 or 33 of the Refugee Convention allows the deportation of the person.
   2. A protected person may be deported to any place other than a place where there are substantial grounds for believing that the person would be in danger of being subjected to:
      • torture (as defined in section 130(5) of the Immigration Act 2009); or
      • arbitrary deprivation of life or cruel treatment (as defined in section 131(6) of the Immigration Act 2009).
2. No person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971 may be deported under the Act.

D2.20.1 No deportation liability if deportation prohibited under Immigration Act 1987, Transitional provisions

See also Immigration Act 2009 s 437

Nobody may be deported under the Immigration Act 2009 if their deportation was prohibited under section 93 of the Immigration Act 1987.

Effective 29/11/2010