PARLIAMENTARY WRITTEN QUESTION
Deportation: Jamaica (13 February 2020)

The foreign national offenders who have been removed on this flight have all had their cases fully reviewed to ensure there are no outstanding legal barriers that would prevent their removal from the UK.

Under the UK Borders Act 2007, introduced by the Labour Government, a Deportation Order must be made where a foreign national has been convicted of an offence and received a custodial sentence of 12 months or more.This is subject to several exceptions, including where to do so would be a breach of a person’s ECHR rights or the UK’s obligations under the Refugee Convention.

A Deportation Order also invalidates any leave to enter or remain that the person has or is subsequently given while the order is in force.In the case of a foreign national who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances.

A foreign national who has been convicted of an offence that has caused serious harm, who is a persistent offender or who represents a threat to national security may be considered for deportation under the Immigration Act 1971, where it is conducive to the public good.The individuals on the flight were foreign national offenders whose offences include manslaughter, rape, violent crime and dealing Class-A drugs.

The length of time a person has lived in the UK, as well as the strength of their social, cultural and family ties to the UK are factors considered when determining whether there are very compelling circumstances which satisfy the requirements of the Immigration Rules. Each case is considered on its individual merits and is carefully assessed against a background of relevant case law and in light of published country information, which covers country specific issues.

The Home Office works with a number of non-governmental organisations that provide support on arrival for returnees which includes general orientation, access to temporary accommodation, travel, vocational training, job referral and signposting services. We are committed to ensuring safe and dignified returns and reintegration is a key part of that

All individuals who are detained are made aware of their right to legal representation, and how they can obtain such representation, within 24 hours of their arrival at an immigration removal centre (IRC). The Legal Aid Agency operates legal advice surgeries across the detention estate in England, with detainees receiving up to 30 minutes of advice without reference to financial eligibility or merits of their case.. If they require substantive advice on a matter which is in scope of legal aid then full legal advice can be provided.