Section 67 — Nationality, Immigration and Asylum Act 2002: Construction of reference to person liable to detention

Construction of reference to person liable to detention 67 1 This section applies to the construction of a provision which—

a does not confer power to detain a person, but b refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.

2 The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that—

a he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement, b practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or c practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.

3 This section shall be treated as always having had effect.