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 24 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.
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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.