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>
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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>
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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\u2019s 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\u2019s 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>
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EEA nationals are deported in accordance with EU law on the grounds of public policy or public security.<\/p>
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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>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4311", "label" : {"_value" : "Biography information for Baroness Williams of Trafford"} } , "answeringMemberPrinted" : {"_value" : "Baroness Williams of Trafford"} , "dateOfAnswer" : {"_value" : "2018-05-02", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2018-05-02T14:39:40.893Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "1"} , "answeringDeptShortName" : {"_value" : "Home Office"} , "answeringDeptSortName" : {"_value" : "Home Office"} , "date" : {"_value" : "2018-04-26", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Deportation"} , "houseId" : {"_value" : "2"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"} } ], "questionText" : "To ask Her Majesty's Government whether they have any plans to consult on what should be a reasonable length of continuous residence in the UK, after which deportation cannot take place.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/2018", "label" : {"_value" : "Biography information for Lord Hylton"} } , "tablingMemberPrinted" : [{"_value" : "Lord Hylton"} ], "uin" : "HL7314"} ], "itemsPerPage" : 10, "page" : 0, "startIndex" : 1, "totalResults" : 1, "type" : ["http://purl.org/linked-data/api/vocab#ListEndpoint", "http://purl.org/linked-data/api/vocab#Page"]} }