PSO 4630 - Inside Time

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PSO 4630 Page 29REFERRAL OF CONVICTED PRISONERS TO THE BORDERAND IMMIGRATION AGENCYSubject isconvicted andsentenced; PSrefers the case toCCD on CCD2CCD assesswhether thesubject is liable tobe deportedSubject isnot liableto bedeportedCCD issues thesubject withnotice ofintention to makea deportationorder 12 mthsbefore earliestdate of releaseSubject isliable tobedeportedYesCCD asksLEO toarrangeremovalIs the subjectliable to beremovedadministrativelyby LEO ?NoAny applicationsfor leave to stay inthe UK must beconsidered byCCD, and anyappeal consideredby the Asylum andImmigrationTribunal (AIT)If subject‟s appeal isdismissed /withdrawn/waivedby the subject, CCD submitsa submission to the ChiefExecutive of the BIA withDeportation Order forsignatureCCD issues thesubject with awarning letter; BIAhas no furtherinterest in thesubject unlesshe/she is convictedin the futureSigned DeportationOrder is sent to Prisonfor serviceDoes the subject have avalid passport or othertravel document ?YesNoCCD must submit anapplication for an emergencytravel document (ETD) to theEmbassy or High CommissionCCD sets removaldirections; any laterepresentations orapplications to stayin the UK must beconsidered beforeremoval. If theycannot, removaldirections must bedeferredIssue No 287 Issue date 11/01/08
PSO 4630 Page 31SERVING DOCUMENTS ON PRISONERS SUBECT TO IMMIGRATION CONTROLANNEX BThis note provides a brief overview of the immigration appeals procedure. It has been prepared forprison staff who have an interest in this area, and in particular for those who are required to serveprisoners with legal notices on behalf of the Border and Immigration Agency (BIA).It is intended purely as background information. Prison Service staff must not offer advice onimmigration law or procedures. There is no requirement to do so: even when serving officialnotices, this entails merely acting as a postman (the majority of the Immigration notices issued bythe Border and Immigration Agency are posted to applicants at their home address). All thenecessary explanation will be given in the notice itself and anything further could mislead.The provision of immigration advice is strictly controlled under Part V of the Immigration andAsylum Act 1999, as amended by Section 37 of the Asylum and Immigration (Treatment ofClaimants, etc) Act 2004. Even officers who may have experience of dealing with immigrationcases and will wish to be as helpful as possible, should still explain that they are not qualified togive advice. Prisoners who have been (or who are being) served with a decision that attracts theright of appeal will find telephone numbers for sources of legal advice among their appeal papers.The notice of decisionThe appeal process begins with the refusal of an application and service of the notice of decision.All notices of decision, if they attract the right of appeal, must meet the same legal requirements.Consequently, they all look very similar. Some examples are attached to give an idea of the basicformat. The notice of an appealable decision must be served with an appeal form and a note onsources of advice and assistanceServing the noticeThis is a question of giving the notice, together with any accompanying papers, to the person itnames. If BIA ask the Prison Service to arrange for documents to be served, BIA will check thatthe documents are correct. Prison staff are not expected to do anything more than very basicchecking - such as ensuring that any faxed documents are legible, and that the specified numberof pages has been transmitted.If you are asked to date a notice, please do so. BIA staff will sometimes leave the date of a noticeblank, as the time limit on appealing commences from the moment of service and CCD will notknow when the prison will be able to serve it. At worst, a failure to date the notice can lead toserious problems at the appeal; at best, it gives the appellant's legal representatives an easy wayof casting doubt on Home Office competence.AppealingThe time limit to appeal is 10 working days for serving prisoners and 5 working days for detainees.The appeal form may either be returned to the custody office for onward dispatch to the Asylumand Immigration Tribunal (AIT) or returned directly to the Tribunal by a legal representative. Thosewho do not already have a legal representative should be directed to the notice of decision (orseparate notice enclosed with it), which gives telephone numbers of various organisations that canhelp find a qualified adviser. Obviously it is important that contact with an adviser is made as soonas possible, and a telephone should be made available.Again, prison staff should not be giving any more advice than is absolutely necessary to maintain areasonable relationship. You are, essentially, the postman. Prisoners with anything other than themost rudimentary queries should be invited to contact a qualified legal adviser.Issue No 287 Issue date 11/01/08
Page 1: PrisonServiceOrderIMMIGRATION AND F
Page 8 and 9: PSO 4630 Page 7Local policy for man
Page 10 and 11: PSO 4630 Page 93.9 Persons detained
Page 12 and 13: PSO 4630 Page 11Those subject to pr
Page 14 and 15: PSO 4630 Page 13MANDATORY9.5 All fo
Page 16 and 17: PSO 4630 Page 15MANDATORY14.3 Befor
Page 18 and 19: PSO 4630 Page 17(b)(c)All prisons m
Page 20 and 21: PSO 4630 Page 19Deaths in Custody18
Page 22 and 23: PSO 4630 Page 21ANNEX ANOTIFICATION
Page 24 and 25: PSO 4630 Page 23Conviction, Offence
Page 26 and 27: PSO 4630 Page 25Notes on completion
Page 28 and 29: PSO 4630 Page 27Request for Informa
Page 32 and 33: PSO 4630 Page 32If the subject indi
Page 34 and 35: PSO 4630 Page 34CONTACTING POPULATI
Page 36 and 37: PSO 4630 Page 36LIST OF PORTS AND L
Page 38 and 39: PSO 4630 Page 38Phone:Fax:HUMBERSID
Page 40 and 41: PSO 4630 Page 40IMMIGRATION REMOVAL
Page 42 and 43: PSO 4630 Page 426. Netherlands7. De
Page 44 and 45: PSO 4630 Page 44IMMIGRATION AND NAT
Page 46 and 47: PSO 4630 Page 46be deported. A fail
Page 48 and 49: PSO 4630 Page 48includes all forms
Page 50 and 51: PSO 4630 Page 50full details of why
Page 52 and 53: PSO 4630 Page 52ESTABLISHING NATION
Page 54 and 55: PSO 4630 Page 54Annex LCountry Code
Page 56 and 57: PSO 4630 Page 56EL SALVADOREQUATORI
Page 58 and 59: PSO 4630 Page 58MALTAMARSHALL ISLAN
Page 60 and 61: PSO 4630 Page 60SUDANSURINAMESVALBA
Page 62 and 63: PSO 4630 Page 62ANNEX MLIST OF COUN
Page 64 and 65: PSO 4630 Page 64SamoaSao Tome & Pri
Page 66 and 67: PSO 4630 Page 66Letter to Embassy w
Page 68 and 69: PSO 4630 Page 68Letter to Embassy u
Page 70 and 71: PSO 4630 Page 70BELARUSEmbassy of t
Page 72 and 73: PSO 4630 Page 72ERITREAEmbassy of t
Page 74 and 75: PSO 4630 Page 74JAPANEmbassy of Jap
Page 76 and 77: PSO 4630 Page 76MOZAMBIQUEHigh Comm
Page 78 and 79: PSO 4630 Page 78SIERRA LEONESierra

PSO 4630 - Inside Time

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