134. The power to deport applies generally to all people subject to control under the Act but, under section 8(3), it does not apply to any member of a mission (within the meaning of the Diplomatic Privileges Act 1964), any person who is a member of the family and forms part of the household of such a member, and any other person entitled to the like immunity from jurisdiction as is conferred by the 1964 Act on a diplomatic agent. Under section 7 a citizen of the Irish Republic or Commonwealth citizen who has been ordinarily resident in the United Kingdom continuously since the coming into force of the Act is not liable to be deported on the ground that his deportation is conducive to the public good; and if he was ordinarily resident here on the coming into force of the Act and has been so resident for the preceding 5 years he is not liable to deportation on any ground.
Rights of appeal
135. Against the making of a deportation order on the recommendation of a court there is no appeal within the immigration appeal system; but there is a right of appeal to a higher court against the recommendation itself. An order may not be made while it is still open to the person to appeal against the relevant conviction, sentence or recommendation, or while an appeal is pending. Nor is there a right of appeal (except as to the country of destina- tion-see paragraph 137) where a deportation order is made on the ground that the Secretary of State deems the person's deportation to be conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature. But such cases are subject to a non-statutory advisory procedure and the person proposed to be deported on that ground will be informed, so far as possible, of the nature of the allegations against him and will be given the opportunity to appear before the advisers, and to make representations to them, before they tender advice to the Secretary of State.
136. Where it is proposed to deport a person because it is deemed that his expulsion will be conducive to the public good on other than security or political grounds there is a right of appeal, under section 15 of the Act, direct to the Immigration Appeal Tribunal. An appeal against a decision to make a deportation order against a person as belonging to the family of another person also lies direct to the Tribunal. Where, however, the appeal is against a decision to make a deportation order for breach of conditions or for remaining beyond the authorised time it will be heard by an adjudicator in the first instance-unless there is pending an appeal against a decision to make an order against a person as belonging to the family of the person alleged to have broken a condition or remained beyond the authorised time, in which case both appeals will be heard by the Tribunal. An order may not be made while it is still open to the person to appeal against the Secretary of State's decision, or while an appeal is pending.
137, In all cases of deportation the person in respect of whom the order has been or is to be made has a right of appeal against the removal directions on the ground that he ought to be removed (if at all) to a country or territory specified by him, other than the one named in the directions.
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