Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
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.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
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.
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)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
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.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
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.
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)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
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.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
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.
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)
Asked by: Gareth Thomas (Labour (Co-op) - Harrow West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to his Department's press release, Plan to reform Human Rights Act, published 14 December 2021, which states that if he will provide the (a) source, (b) method by which the information was obtained and (c) sample size for the statement in that press release that as many as 70 per cent of successful human rights challenges are brought by foreign national offenders who cite a right to family life in the first instance when appealing deportation orders; and if he will make a statement.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
This data is from Home Office management information. In the period 1 April 2016 to 8 November 2021, of 1,011 appeals against deportation by FNOs that were allowed on Human Rights grounds at First Tier Tribunal, an estimated success 70% were allowed solely on Article 8 (right to respect for private and family life) grounds.
This data was published by the Home Office on 24 February 2022. The link to this data on the Government’s portal, including the explanation of the methodology and of the sample, is https://www.gov.uk/government/publications/foreign-national-offenders-appeals-on-human-rights-grounds-2008-to-2021.
I have asked for the press release you have quoted to be updated to read: ‘It is estimated that as many as 70% of appeals against deportation by FNOs that were allowed on Human Rights grounds in the first instance were allowed solely on Article 8 (right to respect for private and family life) grounds’.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
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.
Answered by Kevin Foster
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.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
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.
Answered by Kevin Foster
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.
Asked by: Lord Roberts of Llandudno (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how old each Jamaican national deported to Jamaica on each of the last four flights was when they first came to the UK.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Our priority will always be to keep our communities safe, and we make no apology for seeking to remove those with no right to remain in the UK and foreign criminals.
Since January 2019 we have removed 10,017 foreign criminals from the UK. Information on the number of Jamaican foreign national offenders returned from the UK is available from Immigration statistics quarterly release - GOV.UK (www.gov.uk) in table Ret_D03, which can be found attached.
A person’s age upon arrival to the UK or their nationality are not exceptions to automatic deportation under the Borders Act 2007, but may be relevant factors, in addition to the strength of their social, cultural and family ties in the UK, in considering whether a human rights exception applies. All those deported will have been provided with the opportunity to raise claims, which are fully considered and determined prior to removal including, where applicable, via the Courts.
We do not routinely comment on individual cases.
Asked by: Lord Roberts of Llandudno (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many Jamaican nationals will be deported on the special charter flight to Jamaica on 18 May.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Our priority will always be to keep our communities safe, and we make no apology for seeking to remove those with no right to remain in the UK and foreign criminals.
Since January 2019 we have removed 10,017 foreign criminals from the UK. Information on the number of Jamaican foreign national offenders returned from the UK is available from Immigration statistics quarterly release - GOV.UK (www.gov.uk) in table Ret_D03, which can be found attached.
A person’s age upon arrival to the UK or their nationality are not exceptions to automatic deportation under the Borders Act 2007, but may be relevant factors, in addition to the strength of their social, cultural and family ties in the UK, in considering whether a human rights exception applies. All those deported will have been provided with the opportunity to raise claims, which are fully considered and determined prior to removal including, where applicable, via the Courts.
We do not routinely comment on individual cases.
Asked by: Lord Roberts of Llandudno (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, for each of the last four flights carrying deported Jamaican nationals, how many such individuals were on each flight.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Our priority will always be to keep our communities safe, and we make no apology for seeking to remove those with no right to remain in the UK and foreign criminals.
Since January 2019 we have removed 10,017 foreign criminals from the UK. Information on the number of Jamaican foreign national offenders returned from the UK is available from Immigration statistics quarterly release - GOV.UK (www.gov.uk) in table Ret_D03, which can be found attached.
A person’s age upon arrival to the UK or their nationality are not exceptions to automatic deportation under the Borders Act 2007, but may be relevant factors, in addition to the strength of their social, cultural and family ties in the UK, in considering whether a human rights exception applies. All those deported will have been provided with the opportunity to raise claims, which are fully considered and determined prior to removal including, where applicable, via the Courts.
We do not routinely comment on individual cases.
Asked by: Peter Bone (Independent - Wellingborough)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the oral statement of the Parliamentary Under-Secretary of State for the Home Department on 18 May 2022, on Foreign National Offender Removal Flights, Official Report, column 687, in respect of each of the 112 individuals originally included on the flight manifest, whether each of those individuals were on the flight when it departed; what criminal convictions each of those individuals had; and for what reasons certain individuals did not depart on that flight.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
This Government’s priority is keeping the people of this country safe, and we make no apology for seeking to remove dangerous foreign criminals. Foreign national offenders (FNOs) who abuse our hospitality by committing crimes should be in no doubt of our determination to deport them.
We do not comment on individual cases. However, convicted criminals guilty of heinous crimes, including manslaughter, rape, robbery, child sex offences, drug offences and violent crime, and persistent offenders, were not deported on 18 May 2022. These are extremely serious offences which have a real and lasting impact on victims and communities.
All those returned are provided with the opportunity to raise claims prior to their removal. But where representations are made at the last minute, despite the offender having ample opportunity to raise these at an earlier stage, and the claim cannot be resolved in time for the flight’s departure, it can act as a barrier to removal.
We are doing everything possible to reduce legal challenges and to increase the numbers of FNOs being removed. Our New Plan for Immigration, underpinned by the Nationality and Borders Act, is the first major reform of the system in decades and will end the merry-go-round of last-minute legal challenges that stop us removing those with no right to be in the country.
The Government is committed to removing FNOs with no legal basis to be here and since January 2019 we have returned over 10,000 people from the UK.