Offenders: Deportation

Home Office written question – answered on 27th June 2022.

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Photo of Mark Harper Mark Harper Conservative, Forest of Dean

To ask the Secretary of State for the Home Department, how many attempted deportations by her Department of foreign national offenders have been successfully challenged in each year over the last 10 years.

Photo of Mark Harper Mark Harper Conservative, Forest of Dean

To ask the Secretary of State for the Home Department, how many and what proportion of attempted deportations of foreign national offenders by her Department have been successfully challenged on Article 8 ECHR grounds in each year over the last 10 years.

Photo of Mark Harper Mark Harper Conservative, Forest of Dean

To ask the Secretary of State for the Home Department, how many challenges of deportations of foreign national offenders by her Department have been successful for offenders with sentences of (a) less than one year custodial sentence, (b) one to four years custodial sentence and (c) more than four years custodial sentence in each year over the last 10 years.

Photo of Mark Harper Mark Harper Conservative, Forest of Dean

To ask the Secretary of State for the Home Department, how many and what proportion of challenges to deportations of foreign national offenders by her Department have been successful in each year over the last 10 years.

Photo of Tom Pursglove Tom Pursglove Parliamentary Under Secretary of State (Ministry of Justice and Home Office)

The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals

The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:

Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)

Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.

Statistical note: FNO appeals lodged and allowed on human rights grounds, 2008 to 2021 - GOV.UK (www.gov.uk)

Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.

Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.

Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)

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