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Deportation First, Appeal Later
Powers introduced in the government’s flagship Immigration Act are cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK. And more than 300 have already been removed – with nearly 500 more currently going through the system.
Non-suspensive appeals came into force in July, meaning Home Office officials can deport criminals before they have the opportunity to launch spurious claims under the Human Rights Act or falsely claim asylum.
Those deported then have the right to launch an appeal from their own country, rather than clogging the British justice system – costing UK taxpayers time and money in fighting the cases through the courts.
And the new powers have seen a number of criminals deported despite having family members in the UK – reinforcing the government’s stance that the right to a family life should not override the rights of wider society.
Immigration and Security Minister James Brokenshire said:
Foreign nationals who abuse our hospitality by committing crime in Britain should be in no doubt of our determination to deport them.
The countless appeals and re-appeals lodged by criminals attempting to cheat the system cost us all money and are an affront to British justice.
Non-suspensive appeals are allowing us to kick out foreign criminals more quickly and more efficiently than ever before and I want to see them used as often as possible.
Alongside tougher crime fighting measures, improved protection at the border and greater collaboration between police and immigration enforcement officers, the Immigration Act will help us deliver an immigration system that is fair to the people of this country and legitimate immigrants and tough on those who flout the rules.
The Act has also slashed the number of appeals available to foreign criminals from 17 to just four. And they have been denied the right to appeal against deportation simply because they do not agree with our decision.
Under the new rules, once a decision has been taken to deport a foreign criminal they will have to lodge any appeal and all papers their lawyers think are relevant to their attempts to stay from outside the country. This is putting a stop to delaying tactics often employed by criminals desperate to thwart justice. Previously, it was commonplace for criminals to submit to the court reams of new, unconsidered ‘evidence’ creating legal delays while government lawyers studied the new paperwork.
The non-suspensive appeals measures will work alongside other powers in the Immigration Act to speed up the justice system and make it more efficient.
The figures in this article are taken from internal management information compiled by Home Office officials (between 28 July 2014, when the first Immigration Act Commencement Order was laid and when the amendments to the EEA Regulations came into effect, and 17 December 2014). They are provisional and so subject to revision.
All of these cases in this article are associated with non-suspensive appeals for deportees. These are contained in Section 17(1) and 17(3) of the Immigration Act 2014 (certification of human rights claims made by persons liable to deportation) and, in respect of EEA nationals, in Regulations 24AA and 29(3) of the Immigration (European Economic Area) Regulations 2006 (as amended) (human rights considerations and interim orders to suspend removal, and effect of appeals). Regulation 29(3) provides that an appeal against a deportation decision no longer automatically suspends removal proceedings.
Further regular information on removals and voluntary departures can be found in the Home Office’s quarterly Immigration Statistics publication.