768.This section allows the Secretary of State to designate a “foreign criminal” who is liable to deportation but who cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 and a family member of such a person (subsections (1) to (3)). Under subsections (4) and (5) a person who has a right of abode in the United Kingdom may not be designated and the Secretary of State may not designate a person where the effect of designation would breach the United Kingdom’s obligations under the Refugee Convention, or the person’s rights under Community treaties.