The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the person meets the following four conditions.
The first condition is that—
The second condition is that the person entered or arrived in the United Kingdom as mentioned in subsection (2) on or after the day on which this Act is passed.
The third condition is that, in entering or arriving as mentioned in subsection (2), the person did not come directly to the United Kingdom from a country in which the person’s life and liberty were threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion.
For the purposes of subsection (4) a person is not to be taken to have come directly to the United Kingdom from a country in which their life and liberty were threatened as mentioned in that subsection if, in coming from such a country, they passed through or stopped in another country outside the United Kingdom where their life and liberty were not so threatened.
The fourth condition is that the person requires leave to enter or remain in the United Kingdom but does not have it.
Any limited leave to enter or remain given under the immigration rules to a person within section 4(1) (unaccompanied children) is to be disregarded in determining whether the person meets the condition in subsection (6).
In this section—
“country” includes territory;
“deportation order” means an order under section 5 of the Immigration Act 1971;
“electronic travel authorisation” means an authorisation in electronic form to travel to the United Kingdom;
“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971.
In this Act “immigration rules” means rules under section 3(2) of the Immigration Act 1971.
Section 11(1) of the Immigration Act 1971 (person deemed not to enter the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.
The only circumstances in which the duty in subsection (1) does not apply to a person who meets the four conditions in this section are where—