To ask the Secretary of State for the Home Department, how many successful appeals against deportation by foreign national offenders on human rights grounds were allowed on the basis of (a) Article 3 of the European Convention on Human Rights and (b) Article 8 of the European Convention on Human Rights in each year since 2010.
The information requested above is not available in a reportable format and would require a manual check of individual records which could only be done at disproportionate cost.
Any foreign national who is convicted of a crime and given a prison sentence is considered for deportation at the earliest opportunity.
Section 32 of the UK Borders Act 2007 provides a statutory duty to deport a foreign national if they have been convicted of an offence in the UK and sentenced to a period of imprisonment of at least 12 months. This is subject to several exceptions, including where to do so would be a breach of a person’s ECHR rights or the UK’s obligations under the Refugee Convention.
Where a decision is made to deport, and representations are raised against that decision, an FNO is likely to be granted a right of appeal. This may be exercised in or out of country depending on the circumstances of the case.
The Home Office publishes data on Returns in the ‘Immigration Statistics Quarterly Release’. Data on the number of Returns from the UK by return type (including enforced returns) are published in table Ret_01 of the Returns ‘summary tables’.
The term 'deportations' refers to a legally-defined subset of returns which are enforced either following a criminal conviction or when it is judged that a person’s removal from the UK is conducive to the public good. Information on those deported is not separately available and therefore the published statistics refer to all enforced returns.
The MoJ publishes data on Appeals in the following statistical quarterly release, https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-july-to-september-2020.