1/2/2025
ENFORCEMENT
Deportation, Administrative Removal and Detention
Lecture 8
•University of Westminster Legal Practice Course
•Immigration and Asylum Elective 2021 Lecture 8
1
Legislative framework
• Immigration Act 1971
• UK Borders Act 2007
• Nationality Immigration and Asylum Act 2002
Part 5A
• Retained EU law
• Immigration Rules Part 13
• Home Office policies
2
Section 32 UK Borders Act 2007
Automatic Deportation
(5) The Secretary of State must make a deportation
order in respect of a foreign criminal (subject to
section 33).
(1) In this section “foreign criminal” means a person—
a) who is not a British citizen,
b) who is convicted in the United Kingdom of an
offence, and
c) who is sentenced to a period of imprisonment of
at least 12 months (single not aggregate)
3
3
1
, 1/2/2025
Section 33 UK Borders Act
Exceptions
Section 7 Immigration Act 1971: People
who were Irish or Commonwealth
citizens and were ordinarily resident in
the UK on 1/1/73 and who were
ordinarily resident for the 5 years before
SSHD’s decision to deport.
Section 8 Immigration Act 1971:
Seaman, air crews, diplomats and other
special cases.
4
4
Section 33: Exceptions to
automatic deportation
1. If deportation would breach Refugee
Convention or ECHR.
2. Child (under 18) at time of conviction.
3. If deportation would breach EU Treaty rights
4. If the person is subject to extradition/similar
proceedings.
5. On mental health grounds, where specified
sections of the Mental Health Act apply.
6. If the person is recognized as a victim of
trafficking
5
Deportation Conducive
to the Public Good
• Home Office policy: If a foreign criminal does not meet the
automatic deportation threshold, consideration must be given to
whether deportation should be pursued under the Immigration Act
1971 because it would be conducive to the public good.
• Under s3(5) IA71, SSHD has a discretion to deport
a person whose presence is contrary to the Public
Good.
• Under s3(6) SSHD has a discretion to deport a
person, in whose case, the criminal Judge
recommended deportation, when passing
sentence.
6
2
ENFORCEMENT
Deportation, Administrative Removal and Detention
Lecture 8
•University of Westminster Legal Practice Course
•Immigration and Asylum Elective 2021 Lecture 8
1
Legislative framework
• Immigration Act 1971
• UK Borders Act 2007
• Nationality Immigration and Asylum Act 2002
Part 5A
• Retained EU law
• Immigration Rules Part 13
• Home Office policies
2
Section 32 UK Borders Act 2007
Automatic Deportation
(5) The Secretary of State must make a deportation
order in respect of a foreign criminal (subject to
section 33).
(1) In this section “foreign criminal” means a person—
a) who is not a British citizen,
b) who is convicted in the United Kingdom of an
offence, and
c) who is sentenced to a period of imprisonment of
at least 12 months (single not aggregate)
3
3
1
, 1/2/2025
Section 33 UK Borders Act
Exceptions
Section 7 Immigration Act 1971: People
who were Irish or Commonwealth
citizens and were ordinarily resident in
the UK on 1/1/73 and who were
ordinarily resident for the 5 years before
SSHD’s decision to deport.
Section 8 Immigration Act 1971:
Seaman, air crews, diplomats and other
special cases.
4
4
Section 33: Exceptions to
automatic deportation
1. If deportation would breach Refugee
Convention or ECHR.
2. Child (under 18) at time of conviction.
3. If deportation would breach EU Treaty rights
4. If the person is subject to extradition/similar
proceedings.
5. On mental health grounds, where specified
sections of the Mental Health Act apply.
6. If the person is recognized as a victim of
trafficking
5
Deportation Conducive
to the Public Good
• Home Office policy: If a foreign criminal does not meet the
automatic deportation threshold, consideration must be given to
whether deportation should be pursued under the Immigration Act
1971 because it would be conducive to the public good.
• Under s3(5) IA71, SSHD has a discretion to deport
a person whose presence is contrary to the Public
Good.
• Under s3(6) SSHD has a discretion to deport a
person, in whose case, the criminal Judge
recommended deportation, when passing
sentence.
6
2
