Skip to main content

Prisoners: Deportation

Volume 684: debated on Wednesday 12 July 2006

asked Her Majesty's Government:

Whether foreign criminals who have been deported on discharge from prison are banned from re-entering the United Kingdom; if so, for how long; and whether they are liable to immediate deportation, without rights of appeal, if they return illegally while under ban from re-entry.[HL5948]

A person entering or seeking to enter the United Kingdom in breach of a deportation order (DO) is an illegal entrant as defined in Section 33(1) of the Immigration Act 1971 and so is not permitted to seek re-entry to the UK. Information on deportation orders is contained in Part 13 of the Immigration Rules (HC 395). We will seek to remove any person who enters the UK illegally while subject to a DO and the decision to remove an illegal entrant does not in itself attract an in-country right of appeal.

asked Her Majesty's Government:

Whether the courts of the United Kingdom can recommend citizens of other European Union countries who have been convicted of an imprisonable offence for deportation; and what powers they have to deport such persons.[HL6001]

There is nothing to prevent courts from recommending the deportation of an EEA national. EEA nationals are considered for deportation following a court recommendation or where they have been convicted of an offence and sentenced to 24 months or more imprisonment. We will shortly be setting out proposals on how the system for deporting foreign national prisoners can be improved.