Chapter 33 (pp. 989 - 1035)
Chapter 33: Enforcement: port removal, illegal entry, administrative removal, deportation and criminal offences
Page 1002
ADMINISTRATIVE REMOVAL
Section 10(8) 1999 Act as amended by s48 2006 Act, in force 16 June 2006
This amendment provides that the notification of a decision to remove a person under s10 1999 Act (administrative removal) invalidates any leave that the person has. The position before this amendment was that a person's leave was only invalidated at the time that removal directions were given consequent on a decision to remove under s10.
Page 1008
Indefinite leave revoked because person has ceased to be a refugee
Section 82(2)(g) 2002 Act as amended from 31 August 2006
This amendment provides for a right of appeal against the decision to remove a person whose leave has been revoked under s76(3) (ceasing to be a refugee as a result of, or demonstrated by the voluntary actions of the applicant). This means that the applicant has a right of appeal at the two separate stages of: (1) revocation of indefinite leave granted to the refugee; and (2) the removal of the refugee. This separation of appeal rights is considered important in the light of the importance of refugee status.
Page 1009
Deciding whether a person should be administratively removed
The list of factors to be taken into consideration has now been made explicit in the Rules relating to administrative removal (rather than by referring to the deportation rules). From 20 July 2006, para 395C (as amended by HC 1337) provides that the factors to be taken into consideration are:
- length of residence in the UK;
- strength of connections with the UK;
- personal history, including character, conduct and employment record;
- domestic circumstances;
- previous criminal record and the nature of any offence of which the person has been convicted;
- compassionate circumstances;
- any representations received on the person's behalf.
Page 1021
The deportation process
From 20 July 2006, the Immigration Rules relating to the factors to be taken into consideration in making a decision to deport have been amended (para 364 HC 395 as amended by HC 1337). The Rule now states that, in a case where it would not be contrary to the UK's obligations under the ECHR to deport, it will only be in "exceptional circumstances" that the public interest in deportation will be outweighed by the compassionate factors in a case.
Page 1021
Notice of intention and decision to deport and appeal
Section 97A 2002 Act (National security: deportation) inserted by s7 2006 Act from 31 August 2006
The effect of this provision is that an appeal against a decision to make a deportation order which has been certified as having been made on national security grounds should normally only be brought from outside the UK. Where the appellant makes a human rights claim however, the appeal may be in-country unless the Secretary of State certifies that removal will not breach the ECHR. Such a certificate may be appealed to SIAC.
