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Prisoner Deportation

Volume 450: debated on Monday 23 October 2006

To ask the Secretary of State for the Home Department by what means his Department is notified of a judicial recommendation for deportation after conviction of a defendant. (68948)

The Immigration and Nationality Directorate (IND) will be notified of a judicial recommendation for deportation by the convicting Court and/or the receiving prison immediately following conviction.

Upon notification of such a recommendation IND will establish whether an appeal has been lodged against the sentence and the result of any such appeal. IND will at the same time collate all papers relevant to the person’s conviction and any previous convictions. Where there is no/an unsuccessful appeal IND will then consider whether in the light of all of the person’s known personal circumstances, any representations and the nature of the offence it is appropriate to deport the person. Where necessary enquiries will be made of the person to establish these personal circumstances.

Where it is considered appropriate to proceed in line with the judicial recommendation the person will be served with a notice of decision to make a deportation order. This decision will attract a right of appeal.

Where a person is unsuccessful in their appeal/or where the person fails to appeal IND will then submit a Deportation Order for signature by the Immigration Minister or duty Home Office Minister. Action will then be taken to deport the person on or as soon as possible after their release date.

In my written Ministerial Statement of 19 July 2006, Official Report, column 29WS, I set out the progress the Department is making in overhauling the system for the deportation of foreign national prisoners so that they face deportation and that this should happen as early as possible in their sentence.