Deportation: Offenders

Home Department written question – answered on 17th January 2014.

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Photo of Sadiq Khan Sadiq Khan Shadow Minister (London), Shadow Lord Chancellor and Shadow Secretary of State for Justice, Shadow Lord Chancellor and Shadow Secretary of State for Justice

To ask the Secretary of State for the Home Department

(1) how many foreign nationals who successfully appealed against their deportation under section 32 of the UK Borders Act 2007 used Article 8 of the European Convention on Human Rights as part of their appeal in each year since the implementation of the Act;

(2) which articles of the European Convention on Human Rights were used as part of their appeal by those foreign nationals who successfully appealed against their deportation under section 32 of the UK Borders Act 2007 in each year since the implementation of the Act.

Photo of Mark Harper Mark Harper The Minister for Immigration

holding answer 10 December 2013

Although we have previously answered these questions in full, we have reviewed the process by which they were answered and found that while we managed to provide a robust response, it exceeded the amount of time that we could expend.

Gaining a view on the grounds for appeal requires a manual review of all the records involved because this specific piece of information is not recorded at the outset of the appeal in a manner which we can interrogate electronically.

Any refresh of this information would require us to perform the manual review again, which would incur a disproportionate cost.

I refer to the reply given on 23 April 2013, Hansard, column 793W, on the number of foreign national offenders (FNOs) who successfully appealed against deportation under section 32 of the UK Borders Act 2007:

http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm130423/text/130423w0001.htm#130423 w0001.htm_wqn26

We are, however, able to provide the following table, which shows the number of appeals lodged against deportation between January 2008 and September 2013. The data provided relate to all deportation appeals and not just those whose case is being pursed under section 32 of the UK Borders Act 2007.

  Year appeal lodged:
  2008 2009 2010 2011 2012 2013
Total FNOs appealing against deportation 2,245 1,780 1,910 1,740 2,145 1,830
Of which:            
FNOs whose appeals were allowed 360 435 625 545 630 170
Of which:            
FNOs whose appeals were allowed on HR grounds 65 235 365 355 360 65
Notes: 1. The figures quoted have been derived from management information from the Home Office databases and are therefore provisional and subject to change. This information has not been quality assured under National Statistics protocols. 2. A foreign national offender (FNO) is defined as an individual with a criminal case (includes deportations being pursued under section 32 of the UK Borders Act 2007), on the Home Office's Case Information Database, and may include individuals with asylum cases. 3. Figures relate to main applicants only. 4. Figures relate to individuals who lodged appeals against deportation between January 2008 and September 2013. Appeal outcomes may have been decided in the same or subsequent years. Some outcomes may be awaiting decision and figures may change as outcomes are determined. 5. Appeals allowed include those determined in both the Lower and Upper Tiers, and include appeals allowed on Human Rights, asylum and non-asylum grounds. They exclude Secretary of State reconsideration and costs awarded outcomes. 6. Appeals allowed on Human Rights grounds include Article 8 and Article 3, with or without other articles. 7. Figures rounded to the nearest 5 (— = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding. 8. Data extracted on 1 October 2013.

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