Post
by VR » Sun Nov 17, 2013 12:11 pm
Soma7474,
From 1 August 2008 foreign national offenders (FNOs) who have been sentenced to a period of imprisonment of 12 months or more have been subject to automatic deportation from the UK. The 12 months must be for a single sentence for a single conviction. It must not be aggregate or consecutive sentences.
This means where such a sentence has been imposed, the Secretary of State is legally obliged to make a deportation order unless the FNO falls within one of six exceptions.
The exceptions are listed below:
Asylum and human rights
Where deportation would breach the subject’s rights under the European Convention on Human Rights (ECHR) or the UK’s obligations under the Refugee Convention.
Age
Where the foreign national offender (FNO) was under the age of 18 on the date they were convicted. See related links: Exception due to FNO being under 18 at time of conviction and Managing foreign national offenders under 18 years old.
European Economic Area (EEA) nationals
Where the FNO is an EEA national or a close relative or other dependant of an EEA national. This exception includes those here under the provisions of European community association agreements (ECAA). See related link: Exceptions for EEA nationals.
Extradition
Where the FNO is subject to extradition proceedings instigated by another government. See related link: Exception due to extradition.
Mentally disordered offenders
Those being held under one the specified provisions of the Mental Health Act 1983 or associated legislation will not be subject to automatic deportation. See related link: Exception for mentally disordered offenders.
Victims of human trafficking
Where automatic deportation would contravene the UK’s obligations under the Council of Europe Convention on Action against Trafficking in Human Beings ratified by the UK on the 17 December 2008 and implemented from 1 April 2009. See related link: Exceptions for victims of human trafficking.
Additional exemptions
An individual is also exempt where they are subject to sections 7 and 8 of the Immigration Act 1971. This includes certain Commonwealth citizens, Irish citizens, those with the right of abode, crew as well as other exemptions. As they are exempt under the Immigration Act 1971 as well as the UK Borders Act 2007, the Home Office will not pursue these individuals for deportation.
Exemption from deportation for certain existing residents.
(1)Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(b)shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;]
F2(c)shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.
(2)A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.
(3)The “last five years” before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.
(4)For purposes of subsection (3) above—
(a)“sentence” includes any order made on conviction of an offence; and
(b)two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and
(c)a person shall be deemed to be detained by virtue of a sentence—
(i)at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and
(ii)(unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.In paragraph (c)(ii) above “relevant enactment” means [F3section 240 of the Criminal Justice Act 2003]F3 (or, before that section operated, section 17(2) of the M1Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.
(5)Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.
CONCLUSION
Let the board know how the appeal and visa extension went. I do not see him standing a chance. They are very strict and the current economic climate only adds to the degree of toughness.
Good luck
vr
