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1006038

registered interest
date	13/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Deportation
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, when his Department last returned a person to an overseas country that the individual had not resided in since they were aged four years old or younger.
tabling member constituency	Worthing West
tabling member printed	Sir Peter Bottomley
uin	190741
answer	answer is ministerial correction date of answer 21/12/2018 answer text <p>Our enforcement policy is founded on the expectation that those with no right to be in the United Kingdom should return home. We expect such persons to leave voluntarily but where they do not, we will seek to enforce their departure.</p><p>Individuals may raise Article 8 human rights grounds why they should not be removed from the UK and this must be considered, including their age on arrival in the UK and the length of time spent in the UK if that is part of their claim.</p><p>There is a right of appeal against an adverse decision. Returns are only enforced where both the Home Office and the courts are satisfied that an individual has no right to remain in the UK.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 21/12/2018 17:15:34 answering member 4048 label Biography information for Caroline Nokes
tabling member	117 label Biography information for Sir Peter Bottomley

1006039

registered interest
date	13/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Deportation
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what advice his Department has received related to the policy and practice of the removal to another country of a person who last lived there as a young child.
tabling member constituency	Worthing West
tabling member printed	Sir Peter Bottomley
uin	190742
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The deportation of a foreign criminal is subject to the UK’s obligations under the ECHR and the Refugee Convention. Where an Article 8 claim is made, consideration is given to the public interest in deportation to determine if it is outweighed by a foreign criminal’s private or family life. The more serious the offence committed by a foreign criminal the greater the public interest in deportation.</p><p>In the case of a foreign criminal sentenced to a period of imprisonment of less than four years, the public interest requires deportation unless the exceptions to deportation, set out in paragraphs 399 and 399A of the Immigration Rules, are met.</p><p>In the case of a foreign criminal sentenced to a period of imprisonment of at least four years, the public interest requires deportation except where there are very compelling circumstances.</p><p> </p><p>The Article 8 public interest considerations were approved by Parliament during the passage of the Immigration Act 2014.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 19/11/2018 17:47:26 answering member 4048 label Biography information for Caroline Nokes
tabling member	117 label Biography information for Sir Peter Bottomley