Criminal Law (Sexual Offences and Human Trafficking) Act 2024

Chapter 6

Miscellaneous

Prohibition on deportation of certain persons

35. (1) The Minister shall not make a deportation order under section 3(1) of the Act of 1999 in relation to an identified victim of human trafficking to whom paragraph (c), (d), (e), (f), (g) or (h) of section 3(2) of that Act applies.

(2) The Minister shall not make a deportation order under section 3(1) of the Act of 1999 in respect of an applicant or appellant, as the case may be, during the relevant period where the applicant, or appellant (other than a person who makes an application under section 27 (4) on another person’s behalf), as the case may be, is a person to whom paragraph (c), (d), (e), (f), (g) or (h) of section 3(2) of the Act of 1999 applies.

(3) In this section—

“Act of 1999” means the Immigration Act 1999 ;

“relevant period” means the period from the date of the making of an application to—

(a) in the case of an applicant whose application has not been referred to the operational committee under section 28 (4) and who has not requested, within the period specified in section 28 (8), to have his or her application reconsidered under section 29 , the date on which the period specified in section 28 (8) expires,

(b) in the case of an applicant whose application is refused, or reconsidered and refused, pursuant to section 29 (5) and who has not made an appeal, the date on which the period specified in section 33 (1) expires, or

(c) in the case of an appellant whose application has been reviewed under section 33 but, pursuant to subsection (11) of that section, his or her application has been refused, the date on which he or she receives a notification under subsection (12) of that section of a decision under subsection (11) of that section.