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UNITED KINGDOM
The 1996 Asylum and Immigration Act among others further curtailed access to housing,
removed the benefit entitlement for in-country asylum applicants, created new powers for the
arrest of immigration offenders and introduced a white list of countries, which have been deemed
safe to return unsuccessful applicants to.
Following the publication of the 1998 “White Paper, Fairer, Faster, and Firmer – A Modern
Approach to Immigration and Asylum”, immigration legislation was thoroughly reviewed to
incorporate the recommendation of this policy paper, leading to the adoption of the Asylum and
Immigration Act 1999. The aim of the new law was to reform the immigration and asylum
process through a streamlined and flexible approach to immigration control, including new
measures concerning detentions and removals.
In 2002, another overhaul of the immigration and asylum system culminated in the adoption of
the Nationality, Asylum and Immigration Act in November 2002, following the publication
of the White Paper, “Secure Borders, Safe Haven: Integration with Diversity” in February 2002,
which formed the basis of this latest immigration Bill. Some of its provisions include the speeding
up of the asylum application process to avoid long-term settlement, provisions for new
reception, accommodation and removal centres, restrictions on the right to appeal and accelerating
the deportation of failed applicants.
Removal of Persons Unlawfully Resident in the United Kingdom
All persons who do not have the right of abode in the UK are subject to immigration controls.
Such persons will normally require clearance in order to enter and subsequently remain in the
UK, and the breach of these conditions makes the person liable to removal. Mandatory return is
usually carried out through a deportation order or administrative removal under Section 10 of
the 1999 Immigration Act.
Deportation
A deportation order requires a non-UK national to leave the country and authorizes his/her
detention until he/she is removed. The person concerned will also be prohibited from re-entering
the country for as long as the deportation order is in force and any leave to enter or remain in the
country given before the order was made or while the order is in force becomes invalidated.
A person without the right of residence may be issued with a deportation order under the following
circumstances:
Following the determination by the Home Secretary that the person’s deportation is conducive
to public good e.g. where he/she has been convicted of a serious offence, or obtained
residence through deception;
Where the person is the spouse or child under 18 of a person ordered to be deported;
Where the court recommends the deportation of a person over the age of 17, following a
conviction of an offence punishable with imprisonment;
Where a decision to deport a person was taken before 2 October 2000;
Where an overstayer’s application for leave to remain under the Immigration (Regularization
Period for Overstayers) Regulations 2000 is refused after 1 October 2000.