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<p>Deportation proceedings are initiated where a person is not a British citizen and
their presence is considered to be non-conducive to the public good, usually because
they are foreign criminals; or the Secretary of State has ordered another person to
whose family they belong to be deported; or where a court has recommended deportation.</p><p>
</p><p>Section 7(1) of the Immigration Act 1971 states that it is not lawful to deport
Commonwealth or Irish citizens who were ordinarily resident in the UK for the commencement
of the Act in January 1973 and ordinarily resident in the UK for at least five years
before the decision to make a deportation order.</p><p> </p><p>For non-EEA nationals,
section 32(2) of the UK Borders Act 2007 sets out automatic deportation provisions
relevant to those sentenced to a period of imprisonment of at least 12 months. Section
33 of the UK Borders Act sets out exceptions to automatic deportation, which include
human rights considerations, such as an individual’s right to private and family life
(Article 8 of the human rights convention). In addition, the exception in section
7(1) of the 1971 Act applies in such cases. Section 19 of the Immigration Act 2014
sets out the approach to considering Article 8 claims in deportation cases, which
takes account of a person’s length of residence and cultural integration into the
UK. It makes clear that in general the deportation of foreign criminals is in the
public interest.</p><p> </p><p>EEA nationals are deported in accordance with EU law
on the grounds of public policy or public security.</p><p> </p><p>We will take all
circumstances into account when considering whether deportation is appropriate, including
factors such as length of residence, ties to the UK, and level of criminality. Due
to the case-by-case nature of this consideration, it would not be appropriate to set
a fixed length of continuous residence after which deportation cannot take place.</p>
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