Clause 55 - Revocation of leave to enter or remain
Nationality, Immigration and Asylum Bill
Public Bill Committees, 14 May 2002, 7:00 pm
Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)
The amendments are designed either to expand the scope of subsection (1) to cover all those liable to deportation or to delete it altogether, thus preventing indefinite leave from being revoked where a person is liable to deportation but cannot be deported for legal reasons.
Legal barriers to deportation could include, for example, where a person is likely to receive treatment contrary to article 3 of the ECHR, prohibiting torture or inhuman or degrading treatment or punishment, if they are returned to their country of origin. There are no exceptions to article 3, so it applies to all, regardless of whether they have committed criminal offences. Where deportation is prevented by article 3 or other legal obstacles, the power to revoke indefinite leave will enable a further sanction to be taken against the individual concerned.
It is necessary to include only legal reasons as obstacles to deportation as only legal reasons could prevent a deportation order from being set. Practical barriers to removal—I hope that this answers the hon. Gentleman's question—such as lack of documentation or difficulty in establishing nationality, are not included in subsection (1), as they would not prevent the issuing of a deportation order, although they might prevent its being effected. Its issue would have the effect of cancelling leave.
The revocation of indefinite leave in those circumstances is designed to enable us to take a tougher line against criminals and other undesirables liable to deportation but who cannot be deported for legal reasons. It will send a message to individuals that although their removal may not be possible at that time, their presence in the UK is not guaranteed. It will also express official displeasure at their conduct. The revocation of indefinite leave will disentitle the individual to its associated benefits, such as the right to immediate family reunion—if he has not made use of it already—as well as the assumption of permanent settlement and the stability and security that that entails. The intention will be to remove the individual from the UK if it becomes possible, and revoking
indefinite leave may make it easier to do so if circumstances change.
Amendment No. 257 would prevent us from taking further sanctions against criminals liable to deportation but who cannot be deported. Amendment No. 228 would leave an incomplete sentence. Amendment No. 226 deletes the same wording as amendment No. 224 and is unnecessary. I hope that, with that brief exploration of what is in our mind, the amendment will be withdrawn.