Guidance Note

INTERNATIONAL TRAVEL BANS

Relevant Legislation

 Immigration Act 1971 (as amended by Section 8 of Immigration and

Asylum Act 1999)1

 Immigration (Designation of Travel Bans) Order 2000 (S.I. 2000/2724)

 The Immigration (Designation Of Travel Bans) (Amendment) Order 2008

(S.I. 2008/3052)

Background

1. The United Nations and European Union member states agree and impose, inter
alia, travel bans restricting the movement of individuals between member
countries.

2. The individuals restricted in this way are typically associated with regimes
deemed not to adhere to international standards or groups which are proscribed
by the UN/EU.

3. The United Nations’ Security Council will agree a UN Resolution; and the EU,
an instrument of the Council of the European Union to this effect. Both require
Member States of the UN or the EU to implement necessary measures restricting
those individuals entry to or transit through their territory except in very limited
circumstances.

Giving effect to International Travel Bans

4. Section 8B of the Immigration Act 1971 (as inserted by Section 8 of

Immigration and Asylum Act 1999) provides for the exclusion from the United
Kingdom of individuals named under international obligations.

5. Such international obligations are given effect domestically by designation

pursuant to Statutory Order under s.8B(5) of the 1971 Act. The Secretary of
State designates an instrument if it is a resolution of the Security Council of the
UN or an instrument made by the Council of the European Union2 and it
requires or recommends a person is not admitted to the UK.

6. The Immigration (Designation of Travel Bans) Order 2000 (“the 2000 Order”) is
made pursuant to Section 8B(7) of the Immigration Act 1971 and came into
force on 10th October 2000. The Schedule to the 2000 Order (as amended) lists
those extant international instruments naming individuals who are to be denied
entry or transit through the UK on the basis of the travel ban.
1
Section 8B, Immigration Act 1971.
2
Other international travel restrictions, such as Commonwealth restrictions, cannot be designated in
this way.

1
 Guidance Note

7. The Schedule is updated annually in order to take account of changes to the

various travel restrictions, including the lists of designated persons. 3

Effect of Designation

8. The effect of designating instruments imposing international travel bans in an

Order under section 8B of the 1971 Act is that, unless one of the exemptions set
out in Article 3 of the 2000 Order applies, a person named by or described in a
designated travel ban is an excluded person and must be refused leave to enter or
remain in the UK, including transit through the UK.

9. Any existing leave is automatically cancelled, and any exemption from

immigration control e.g. as a diplomat, ceases.

Refugee and ECHR exemptions

10. The 2000 Order provides exemptions to ensure that the cancellation or refusal of
leave would not apply in any case where their effect would be contrary to the
UK’s Refugee and ECHR Convention obligations.

02/11/2009

3
In addition, provisions in the Immigration Rules enable a person not yet designated under the 2000
Order to be refused entry to the UK, or to have their visa revoked, on the basis that his exclusion from
the UK is conducive to the public good.