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Deportation: Convictions

Volume 457: debated on Thursday 8 March 2007

To ask the Secretary of State for the Home Department what sanctions are available upon conviction for breach of (a) a deportation order and (b) an exclusion order. (121938)

It is a criminal offence, under section 24(1)(a) of the Immigration Act 1971 to knowingly enter the United Kingdom in breach of a deportation order or without leave. This offence carries a maximum penalty, on summary conviction, of a £5,000 fine and/or six months’ imprisonment.

The power to exclude a person from the UK is a non-statutory power available to the Home Secretary. There are no specific criminal offences in relation to those who enter the UK despite having been excluded, but any leave to enter or remain in the UK obtained by such a person will normally be cancelled or curtailed and steps taken to remove them from this country. A person who exercises deception to secure entry to the UK may be treated as an illegal entrant and be subject to removal or prosecution. The offence of obtaining or seeking leave to enter or remain in the UK by deception carries a maximum penalty on indictment of two years’ imprisonment and/or an unlimited fine.