Offenders: Deportation

(asked on 18th November 2021) - View Source

Question to the Home Office:

To ask Her Majesty's Government why there has been a decrease in the number of foreign national offenders deported from the UK since 2016; and what plans, if any, they have to reverse this trend.


Answered by
Baroness Williams of Trafford Portrait
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question was answered on 2nd December 2021

The Government is clear foreign nationals who abuse our hospitality by committing crimes should be in no doubt of our determination to deport them and since January 2019 we have removed 8,441 foreign national offenders.

We deal with significant and complex challenges when seeking to deport FNOs. These challenges can include travel documentation, late claims, late legal challenges and broader non-compliance with a lawful returns process.

Despite having numerous opportunity to raise grounds at any stage of the immigration process asylum claims, appeals and judicial reviews are all commonly raised by people awaiting return, and generally lead to release from detention – despite the vast majority not ultimately receiving a positive outcome for the applicant when the claim is reviewed. The prevalence of this issue is increasing, and evidence on how the system is open to abuse, which can divert resources away from genuine victims of trafficking, persecution and serious harm, can be found in an article under the 'deportation, removals and curtailment' on gov.uk. There is supporting data in the report 'Issues raised by people facing return in immigration detention', which can also be found on gov.uk. And whilst removals have continued, the COVID-19 pandemic has affected our ability to deport as many FNOs as in previous years, due to travel restrictions, fewer scheduled routes and significant disruption to other services which support the removal of foreign criminals (such as court closures).

The New Plan for Immigration will make it easier and quicker to remove FNOs and those with no right to be in the UK. The Nationality and Borders Bill will extend the period an FNO can be removed from prison under the early removal scheme (ERS) from a maximum of 9 months to 12 months, providing the minimum requisite period has been served. The Bill will also 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. A new power will also be implemented to impose visa penalties on countries who do not cooperate with the UK on the removal of their nationals who do not have a right to be in the UK.

Further information can be found in the New Plan for Immigration statement and the factsheet - Nationality and Borders Bill, which can both be found on gov.uk.

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