Deportation

Home Office written question – answered on 1st June 2022.

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Photo of Stuart McDonald Stuart McDonald Shadow SNP Spokesperson (Home Affairs)

To ask the Secretary of State for the Home Department, whether her Department has a record of the number of parents separated from their children as a result of deportations by her Department.

Photo of Stuart McDonald Stuart McDonald Shadow SNP Spokesperson (Home Affairs)

To ask the Secretary of State for the Home Department, how many appeals against deportation lodged in 2021 were allowed (a) on family life grounds and (b) on the basis that deportation would have an unduly harsh impact on a qualifying child.

Photo of Kevin Foster Kevin Foster 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.

The Home Office published a one-off release on 22 February 2022, Statistical note: FNO appeals lodged and allowed on human rights grounds, 2008 to 2021 - GOV.UK (www.gov.uk). The Ministry of Justice also publish data regarding all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC) in the following statistical quarterly release:

Tribunal Statistics Quarterly: October to December 2021 - GOV.UK (www.gov.uk)

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.

Those deported are provided with the opportunity to raise claims prior to their removal being enforced. Where an Article 8 human rights claim is advanced by a foreign national offender, careful consideration is given to their claimed family and/or private life, in accordance with the Immigration Rules. All claims raised are fully considered on the individual merits of the case and decided before deportation. The UK only ever returns those who the Home Office and, where applicable, the courts are satisfied do not have a legal basis to remain in the UK.

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