PSO 4630 - Inside Time

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PSO 4630 Page 46be deported. A failure to put forward any relevant material will not at this stage have aneffect on a later right of appeal.2. If the prisoner does not respond or, following consideration of the information put forwardby him, BIA decides to pursue deportation anyway, he is then served with a formal decisionnotice informing him of an intention to deport him to either the country of which he is anational or a country which last issued him with a travel document. Court recommendedcases receive this notice straight away. It is service of this document, which triggers theright of appeal against the decision to make a Deportation Order. At this stage, the prisoneris formally warned that he must now put forward all information he wants to be consideredas part of that appeal, and any failure to do so may disadvantage him at a later stage. Thisis known as the “One-Stop Appeal”. (see “Appeals”).AppealAppeals rights are complex and cannot be fully explained here. Some cases will have a right ofappeal before removal, some will only have a right of appeal after removal and others will have noright of appeal at all. Deportation cases generally have a right of appeal before removal against thedecision to make a Deportation Order, but whatever the case, the BIA decision notices will alwayscarefully explain what right of appeal the subject has, how he can appeal, any time limit attached tosubmitting an appeal, and where he may obtain assistance in completing the appeal and beingrepresented at any hearing.Where an appeal right exists, whether before or after removal, the prisoner is required to submit allinformation he wants to be considered at the time of hearing. A failure to do so, may lead to thenew information being disregarded.In deportation cases, the appeal must be lodged with the CCD. It passes the file to BIA‟s AppealProcessing Centre (APC), where all relevant papers are collated. The APC then refers the appealto the Asylum and Immigration Tribunal (AIT).The AIT is part of the Ministry of Justice, and like the judiciary, those who hear the appeals areindependent of the government. Most appeals are heard at one of its numerous courts sitedaround the country. An Immigration Judge will normally consider the appeal first; if it is dismissed,certain cases may seek a review of the dismissal by a higher court, or appeal to the Court ofAppeal and even the House of Lords.If the appeal is allowed by the Immigration Judge, the Home Office may equally be able tochallenge the decision, but if at the end of such action the decision to make a Deportation Order isoverturned, the prisoner may not on this occasion be deported.The Deportation OrderIf the prisoner does not appeal, or the courts rule that CCD is correct in seeking to deport him, thecaseworker completes a submission for the Chief Executive of the Border and Immigration Agencydetailing all the facts of the case and submits a Deportation Order for signature. DeportationOrders are normally returned to the caseworker by Private Office within 48 hours.The caseworker will then send the Deportation Order to an immigration officer for service, but insome cases they may be sent to the prison by fax for service. BIA ask that a copy of the Order issigned by the serving officer and dated before being faxed back to CCD. The prison officer is onlyacting as a postman and is entitled to serve the document on BIA‟s behalf.Once the deportation order has been served removal directions will be set (see “Removal” below).Issue No 287 Issue date 11/01/08
PSO 4630 Page 47Removal Under Other Aspects of Immigration LegislationThere are some cases when BIA chooses not to deport someone. However, if he is not an EEAnational, he may still be liable to be removal under other parts of the immigration legislation:1. Passengers Refused Leave to Enter the United KingdomThe control of non-EEA nationals is governed by the Immigration Rules, which sets out thecriteria which must be met by every person in order to qualify for entry into the UnitedKingdom. People come to this country for a variety of reasons and the Immigration Rulesset the criteria for all the different types, e.g. as a tourist visitor, student, working-holidaymaker, etc).Every non-EEA national requires leave to enter the United Kingdom which is granted eitherby the possession of a valid visa obtained from a British Embassy abroad or by animmigration officer at the port of entry. Visas and leave to enter are only given where theofficer is satisfied that the person meets the requirements of the Immigration Rules.If a passenger does not qualify for entry or the visa was obtained by deception, theimmigration officer will normally refuse leave to enter and arrange for the person to beremoved from the country. Removal will normally be to the port of embarkation or to thecountry of origin.Such persons are, however, free to return to the United Kingdom at any time, so long asthey are in possession of a valid visa if required, and that the immigration officer is satisfiedon the new occasion that he now qualifies for entry under the Immigration Rules.2. Illegal EntrantsAn illegal entrant is anyone whoenters the United Kingdom without the leave of an immigration officer (for exampleclandestinely in the back of a lorry); orenters by practising deception (by either lying to the immigration officer or by successfullyusing a forged passport); orenters again after having been deported (remember, that a deportation order prohibits asubject from re-entering the United Kingdom);If encountered, these subjects may be arrested and removed administratively by an immigrationofficer. It is normal then to remove them at the first available opportunity either to their own countryor to another country which has issued them with a valid travel document. Any application for leaveto remain in the UK must be considered before the Border and Immigration Agency seeks toremove them. If refused, some applications will attract a right of appeal before removal, some willattract a right of appeal once the person has left the country, and some have no right of appeal atall.3. Breach of Conditions of Leave to Enter or RemainA non-EEA national who is granted leave to enter the United Kingdom will normally haveconditions attached to that leave, for example setting a time limit on how long he may remain in thecountry, prohibiting employment (paid or unpaid) or seeking recourse to public funds (eg thisIssue 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 30 and 31: PSO 4630 Page 29REFERRAL OF CONVICT
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 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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