Offenders: Deportation

Home Department written question – answered at on 13 May 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 how many foreign nationals in prison awaiting deportation beyond the end of their sentence have spent (a) up to one month, (b) up to two months, (c) up to six months, (d) up to 12 months, (e) up to 24 months, (f) up to 60 months and (g) over 60 months awaiting deportation.

Photo of James Brokenshire James Brokenshire Minister of State (Home Office) (Security and Immigration)

The following table shows the number of time served Foreign National Offenders (FNOs) in prison pending deportation, based on the length of time held beyond the end of their sentence, as of 31 December 2013.

Time held beyond end of sentence Total
0-1 month 110
1-2 months 110
2-6 months 285
6-12 months 200
12-24 months 100
24-60 months 35
60+ months 10
Grand Total 850
1. All figures quoted have been derived from management information and are therefore provisional and subject to change. This information has not been quality assured under National Statistics protocols. 2. Figures relate to main applicants only. 3. Figures relate to FNO cases who met the criteria for deportation only. 4. Figures rounded to the nearest 5 ( - = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding. 5. Data is a snapshot of individuals detained in prison on 31 December 2013.

We make every effort to ensure that a person’s removal by deportation coincides, as far as possible, with his/her release from prison on completion of sentence. Where a detainee refuses to cooperate with the removal or deportation process, detention may be prolonged.

The Immigration Bill will have a significant impact on the ability of FNOs to delay removal by mounting legal challenges whilst in the UK. The current appeals system means that 17 different types of decision can be appealed. The Immigration Bill will simplify the appeals system and mean that appeals can only be brought where the Home Office has refused a protection (asylum or humanitarian protection) claim, a human rights claim or a claim based on EU free movement rights. It will also give us the power to certify that where deportation will not cause serious irreversible harm, the appeal will be heard after the FNO has left the country.

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