Deportation

Home Office written question – answered at on 19 November 2018.

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Photo of Peter Bottomley Peter Bottomley Conservative, Worthing West

To ask the Secretary of State for the Home Department, what advice his Department has received related to the policy and practice of the removal to another country of a person who last lived there as a young child.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

The deportation of a foreign criminal is subject to the UK’s obligations under the ECHR and the Refugee Convention. Where an Article 8 claim is made, consideration is given to the public interest in deportation to determine if it is outweighed by a foreign criminal’s private or family life. The more serious the offence committed by a foreign criminal the greater the public interest in deportation.

In the case of a foreign criminal sentenced to a period of imprisonment of less than four years, the public interest requires deportation unless the exceptions to deportation, set out in paragraphs 399 and 399A of the Immigration Rules, are met.

In the case of a foreign criminal sentenced to a period of imprisonment of at least four years, the public interest requires deportation except where there are very compelling circumstances.

The Article 8 public interest considerations were approved by Parliament during the passage of the Immigration Act 2014.

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