Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 131 is up to date with all changes known to be in force on or before 30 October 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 131:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 10Special immigration status
131“Foreign criminal”
(1)
For the purposes of section 130 “foreign criminal” means a person who—
(a)
is not a British citizen, and
(b)
satisfies any of the following Conditions.
(2)
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).
(3)
Condition 2 is that—
(a)
section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and
(b)
the person has been sentenced to a period of imprisonment.
(4)
Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).
(5)
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.
(6)
Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.