Offenders: Deportation

(asked on 4th February 2021) - View Source

Question to the Home Office:

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.


Answered by
Chris Philp Portrait
Chris Philp
Parliamentary Under-Secretary (Home Office)
This question was answered on 9th February 2021

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.

This content was generated for your convenience by Parallel Parliament and does not form part of the official record.
Recent Documents related to Offenders: Deportation

1. Deportation of foreign national offenders
01/08/2017 - Parliamentary Research

Found: Number 8062, 1 August 2017 Deportation of foreign national offenders By Terry McGuinness Contents:

2. Responding to human rights judgments: 2016 to 2017
19/12/2017 - Ministry of Justice
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Found: Responding to Human Rights judgments Report to the Joint Committee on Human Rights on the Government™s

3. Responding to human rights judgments: 2016 to 2017
19/12/2017 - Ministry of Justice
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Found: Responding to Human Rights judgments Report to the Joint Committee on Human Rights on the Government™s

4. European Convention on Human Rights Memorandum
06/07/2021 - Bill Documents

Found: NATIONALITY AND BORDERS BILL EUROPEAN CONVENTION ON HUMAN RIGHTS MEMORANDUM Summary of the Bill

5. Deportation with assurances
20/07/2017 - Independent Reviewer of Terrorism Legislation (Independent Reviewer)
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Found: DEPORTATION WITH ASSURANCES by DAVID ANDERSON Q.C. Independent

Latest Documents
Recent Speeches related to Offenders: Deportation

1. Deportation of Foreign National Offenders
02/02/2021 - Commons Chamber

1: the challenges concerning the deportation of foreign national offenders. As we know, under the terms of - Speech Link

2. Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Eighth sitting)
18/06/2020 - Public Bill Committees

1: will be deemed to have had such status and all rights associated with the status from the time of the - Speech Link

3. Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Ninth sitting)
05/03/2019 - Public Bill Committees

1: off. I remind them that tea and coffee are not allowed in the room during sittings.We now resume - Speech Link
2: for the purposes of examination, unless the Secretary of State is satisfied that—(a) the person can - Speech Link

4. Immigration and Social Security Co-ordination (EU Withdrawal) Bill
30/06/2020 - Commons Chamber

1: under the EU Settlement Scheme.(2) The Secretary of State must, for purposes of subsection (1), issue - Speech Link

5. Immigration and Social Security Co-ordination (EU Withdrawal) Bill
16/09/2020 - Lords Chamber

1: Settlement Scheme (“the Scheme”). (2) The Secretary of State must, for the purposes of subsection (1) - Speech Link

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asked by: Baroness Goudie
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...To ask Her Majesty's Government what plans they have to suspend the UK’s membership of the European Convention on Human Rights.

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asked by: Stella Creasy
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... and how many declarations of incompatibility the Government has acted on.

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