PSO 4630 - Inside Time

PSO 4630 Page 44IMMIGRATION AND NATIONALITY GUIDANCEDeportation and Removal of Foreign National PrisonersANNEX HPlease note that this is not an official document produced by BIA for providing advice; it is merelymeant as a guide to Prison Service staff in order to assist them in their understanding of how BIAoperates. Please remember that every immigration case is different and it is therefore difficult toexplain in detail how the system operates.The masculine form is used throughout to refer to both male and female.DeportationWhat is a Deportation Order ?A Deportation Order is a formal document signed by the Chief Executive of the Border andImmigration Agency which:• requires the named person is to be removed from the United Kingdom;• prohibits him from re-entering the UK;• allows for the subject‟s detention until such time as he is removed.For how long is a Deportation Order valid ?Deportation Orders do not have an expiry date and they remain valid until such time as they arerevoked. They are normally only revoked upon application by the subject and applications areconsidered on a case by case basis taking account of all factors, including the nature of theoffence, likelihood of re-offending, ties to the UK and previous immigration behaviour.Revocation of a deportation order does not automatically give a person the right to re-enter thecountry. He must still satisfy an Immigration Officer on entry that he qualifies for entry under theImmigration Rules and be in possession of a valid visa or entry clearance if required.Who can be deported ?Any foreign national may be deported from the United Kingdom if convicted of an offence whichcarries a term of imprisonment. A foreign national is defined as a person who does not have theright of abode in the United Kingdom. Broadly speaking, these are British nationals or persons whohold certain documents issued by the United Kingdom. Whilst EEA nationals normally have theright to work and live in the United Kingdom under EEA law, they can be deported if their presenceis not conducive to the public good which would prohibit them from re-entering the country like anyother deportee.What happens if a deportee returns to the United Kingdom ?A deportee detected on arrival at a port or airport is refused leave to enter and removed from thecountry. There is no need for BIA to obtain a new Deportation Order in these cases; such personsare removed from the country on completion of any prison sentence.Issue No 287 Issue date 11/01/08