#13639 - Deportation - Immigration

When is deportation conducive to public good?

OH (Serbia) [2009] – three important features of the public interest:

1. The risk of re offending by person concerned

2. The need to deter foreign nationals from committing serious crimes by leading them to understand that whether the other circumstances, one consequence for them may well be their deportation

3. The role of deportation as an expression of society’s revulsion at serious crimes and in building public confidence in the criminal justice system’s treatment of foreign citizens who have committed serious crimes.

Automatic deportation – s.32

• Person liable for automatic deportation may still make an asylum claim. But may still be removed if imprisoned for at least 2 years (exclusions).

• Foreign criminal an EEA national – may not be deported automatically if it would breach EEA treaties. May only be removed on public policy, security, health grounds Reg(3)(b) I(EEA)Regs 2006.

Family members of deportee

S.5(4) IA 1971 – family members can be deported with deportee – spouse, children under 18.

No family deportation order can be made once 8 weeks have elapsed since any other family member was deported.

Controversial – where no breach committed by family member.

Sos will generally not decide to deport where (Para. 365)

1. He has qualified for settlement in his own right; or

2. Has been living apart from deportee

SoS will not normally deport a child where (para. 366)

1. He and his mother or father are living apart from the deportee; or

2. He has left home and established himself on an independent basis

3. He married or formed a CP before deportation came into prospect

Para. 389 – family member deported may seek re-admission where:

1. Child reaches 18 (deportation order ceases); or

2. Marriage or CP (partner) comes to an end.

GROUNDS – s.10 Immigration and Asylum Act 1999, following can be A.R:

1. Anyone who has failed to observe the conditions attached to his leave

2. Overstayers

3. Anyone who has obtained leave to remain by deception, or who sought to obtain such leave by deception

4. The family members (partner or child) of such people.

Home Office will serve notice, it is open to person to leave voluntarily, otherwise Immigration Office will set removal directions. Costs met by SoS. No right to appeal unless asylum or human rights grounds.

Effect of removal:

Does not need decision rescinded before he may return to UK provided he qualifies for admission.

Government use of deportation and administrative removal in public interest:

Important features:

1. The risk of re offending by person concerned

2. The need to deter foreign nationals from committing serious crimes by leading them to understand that whether the other circumstances, one consequence for them may well be their deportation

3. The role of deportation as an expression of society’s revulsion at serious crimes and in building public confidence in the criminal justice system’s treatment of foreign citizens who have committed serious crimes.

Government to maintain firm policy on immigration control.

HUMAN RIGHTS

Art. 8 – para. 400 where a person claims that his removal would be contrary to the UK’s obligations under Art 8, SoS may require an application under para. 276AD or Appendix FM rules.

INTERFERENCE WITH EU TREATY RIGHTS BY DEPORTATION OR A.R ORDER

Partner:

• What if British Citizen’s (BC) right under EU treaty rights, is compromised by deportation or removal...