Sentencing: Foreign Nationals

Home Office written question – answered on 9th February 2021.

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Photo of Simon Clarke Simon Clarke Conservative, Middlesbrough South and East Cleveland

To ask the Secretary of State for the Home Department, how many foreign national offenders received a prison sentence of 12 months or more in each year since 2010.

Photo of Simon Clarke Simon Clarke Conservative, Middlesbrough South and East Cleveland

To ask the Secretary of State for the Home Department, how many foreign national offenders were served with a Deportation Order in each year since 2010.

Photo of Simon Clarke Simon Clarke Conservative, Middlesbrough South and East Cleveland

To ask the Secretary of State for the Home Department, how many foreign national offenders lodged an appeal against a Deportation Order in each year since 2010.

Photo of Simon Clarke Simon Clarke Conservative, Middlesbrough South and East Cleveland

To ask the Secretary of State for Home Office, how many appeals against deportation by foreign national offenders were allowed in each calendar year since 2010; and how many of those appeals were allowed on human rights grounds.

Photo of Simon Clarke Simon Clarke Conservative, Middlesbrough South and East Cleveland

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.

Photo of Chris Philp Chris Philp The Parliamentary Under-Secretary of State for the Home Department

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.

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