Commentary on Sections Part 5: Deportation of criminals Section 34: Timing
111.Subsection (1) allows the Secretary of State to choose when the deportation order should be made under section 32 subject to subsection (2) which provides that no order may be made while an appeal against a relevant conviction or sentence is pending (subsection (2)(a)), or could be brought (subsection (2)(b)). For the purpose of subsection (2)(b) the possibility of an appeal out of time must be disregarded and a person who has informed the Secretary of State in writing that he does not intend to appeal is treated as being no longer able to appeal (see subsection (3)).
112.Subsection (4) allows the Secretary of State to revoke a deportation order made in accordance with section 32(5) for the purpose of taking of action under the Immigration Acts or immigration rules and subsequently taking a new decision that section 32(5) applies and making an automatic deportation order. This includes the certification of clearly unfounded asylum and human rights claims under section 94 of the Nationality, Immigration and Asylum Act 2002. Once such action is complete a new deportation order may be made.