Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
93A Right of victims to make submissions on making of deportation order
  • (1) In determining whether to make a deportation order under section 91 or section 92, the Minister must have regard to any written submissions made by a victim of an offence or offences of which the person who would be the subject of the order has been convicted and from which his or her liability to deportation arises.

    (2) The Minister must, on a request for the purpose, make available to a solicitor or counsel who is acting for a person who would be the subject of the order (if any) a copy of all written submissions made by the victim.

    (3) The Minister, or a solicitor or counsel acting for the person, must, on a request for the purpose, show the person a copy of all written submissions made by the victim. However, the person is not entitled to keep a copy of any of those submissions.

    (4) Despite subsections (2) and (3), the Minister may withhold from the person and every solicitor or counsel acting for the person (if any) any part of the victim's written submissions if, in the Minister's opinion, that withholding of the part is necessary to protect the physical safety or security of the victim concerned.

    (5) Despite subsection (1), the Minister must not have regard to any part of the victim's submissions that is withheld under subsection (4).

    (6) In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims' Rights Act 2002.

    Section 93A: inserted, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).