UK Borders Act 2007 Quiz

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Questions and Answers

Which group of individuals can be subject to deportation?

Individuals with indefinite leave to remain (correct)

Dual citizens with a foreign passport

Children of British citizens

British citizens

What does S32(4) of the UK Borders Act 2007 state about the deportation of criminals?

It is considered for the public good (correct)

It is only applicable for minor offenses

It is at the discretion of the Secretary of State

It is primarily a violation of human rights

Which of the following is an exception to the obligation of deportation according to S33?

The individual has a British parent

The individual is a permanent resident

The individual was under 18 at the time of conviction (correct)

The individual was in the UK for less than 12 months

Under the Immigration Rules, for a person deported after a conviction of less than 4 years, how long should the deportation continue?

10 years (A) Signup and view all the answers

A foreign criminal is defined by the UK Borders Act 2007 as someone who...

Has been convicted in the UK but is not a British citizen (D) Signup and view all the answers

Which of the following is not an exception to the deportation obligation under S33?

Crimes committed by British citizens (B) Signup and view all the answers

What is required for a person to make a claim against deportation?

There must be new evidence or matters to consider (C) Signup and view all the answers

For a person sentenced to at least 4 years, how long should the deportation last according to Immigration Rules?

Indefinitely (C) Signup and view all the answers

What does Exception 2 state about a person's deportation if they have a qualifying partner or child?

The effect on the partner or child must be proven to be unduly harsh. (D) Signup and view all the answers

Under what circumstance might the public interest not require deportation for a foreign criminal?

If there are very compelling circumstances beyond Exceptions 1 and 2. (A) Signup and view all the answers

What minimum sentence is associated with the requirement for deportation in the public interest?

At least 4 years. (C) Signup and view all the answers

Which paragraph provides exceptions to deportation based on family relationships?

Paragraph 399. (D) Signup and view all the answers

What is a crucial consideration when assessing a deportation claim under Article 8 of the Human Rights Convention?

The nature and duration of the person's criminal offense. (C) Signup and view all the answers

What must be proven for deportation to be considered contrary to the UK's obligations under Article 8?

The deportation would be conductive to public good and public interest. (D) Signup and view all the answers

What is the significance of a sentence of less than 4 years in the context of deportation?

It may still warrant deportation under certain circumstances. (B) Signup and view all the answers

What condition could lead to deportation being avoided despite a serious offense?

When there are compelling circumstances beyond established exceptions. (C) Signup and view all the answers

What is the minimum sentence duration that presumes a person to be a danger to the community in the UK?

12 months (C) Signup and view all the answers

In the context of appealing under subsection (10), what does the tribunal first consider?

The Secretary of State's certificate (B) Signup and view all the answers

What must an applicant demonstrate to qualify for refugee status under Paragraph 334?

They have a well-founded fear of persecution (B) Signup and view all the answers

According to Paragraph 339C, what must an appellant prove for humanitarian protection?

They would face a real risk of suffering serious harm (D) Signup and view all the answers

What does subsection (2) primarily establish regarding convictions?

Convictions create a presumption of danger to society (A) Signup and view all the answers

What is a requirement for an applicant under the Qualification Regulations for refugee status?

They must not be excluded from protection by article 1A (D) Signup and view all the answers

Under what circumstances will the tribunal dismiss an appeal related to the Refugee Convention?

If the presumption of being a danger applies (D) Signup and view all the answers

What does the appellant need to prove regarding protection from their country?

They are unable or unwilling to avail themselves of the protection (C) Signup and view all the answers

What is one of the general factors influencing the decision to detain a person under immigration law?

The likelihood of the person being removed (C) Signup and view all the answers

According to the regulations, what must the SSHD intend to do in order to lawfully detain an individual?

Intend to remove the person (D) Signup and view all the answers

What is meant by a 'reasonable period' in the context of detention?

The maximum time an individual can be held before removal (D) Signup and view all the answers

What should the SSHD consider when determining if the detention period is reasonable?

What travel documents are required for removal (A) Signup and view all the answers

Which of the following is NOT a factor affecting the decision to detain?

Financial stability in the UK (C) Signup and view all the answers

What happens if it becomes apparent that removal cannot be effected within a reasonable period?

The SSHD should not seek to exercise the power of detention (C) Signup and view all the answers

What is one consideration the SSHD must balance when determining the reasonable period of detention?

Possible barriers to removal (A) Signup and view all the answers

In the case of Saadi v UK, what was concluded regarding detention for asylum claims?

It is lawful for a quick decision (A) Signup and view all the answers

What constitutes an offence regarding the facilitation of a deportation order for an EU citizen?

Facilitating a breach of a deportation order while knowing the order exists. (B) Signup and view all the answers

Under what conditions can a person be charged with assisting another individual's entry into the UK?

If they knowingly assist someone who has been excluded for public policy reasons. (D) Signup and view all the answers

Which factor is NOT required for a person to commit an offence related to deportation orders?

Being a citizen of the European Union. (B) Signup and view all the answers

What is required for a person to be guilty of an offence involving a deportation order under public health grounds?

They must know about the public health exclusion order affecting the individual. (D) Signup and view all the answers

Which of the following actions would NOT be considered a breach of the deportation order?

Making arrangements for someone to stay in the UK without knowledge of their status. (B) Signup and view all the answers

What must an applicant disclose in their application for entry clearance?

All material facts (B) Signup and view all the answers

What happens if an applicant fails to pay litigation costs awarded to the Home Office?

The applicant may be denied further applications (A) Signup and view all the answers

What fee is associated with the SET(DV) application for an applicant?

£2,389 (B) Signup and view all the answers

What is a valid reason for applying for a fee waiver?

The applicant has no means to pay the specified fee (C) Signup and view all the answers

What type of supporting evidence is required for a fee waiver application?

Documentation of accommodation and financial spending (D) Signup and view all the answers

What standard of proof is used for evaluating the evidence submitted in these applications?

Balance of probabilities (D) Signup and view all the answers

Which of the following is an example of conclusive evidence for domestic violence?

A criminal conviction for domestic violence (B) Signup and view all the answers

Which statement about NHS charges for overseas visitors is correct?

The applicant must owe at least £500 in unpaid charges (D) Signup and view all the answers

Study Notes

Deportation & Removal Practices

Awareness of the difference between deportation and removal
Knowledge of powers to deport and remove
Knowledge of representing clients subject to deportation

Authorities

Immigration Act 1971: Sections 3(5), 5, 7
Immigration and Asylum Act 1999: Section 10
Nationality, Immigration and Asylum Act 2002: Section 76, 78, 117C
UK Borders Act 2007: Sections 34-38
Borders, Citizenship and Immigration Act 2009: Section 55
Immigration Rules: Part 13
Home Office Guidance: Criminality: Article 8 ECHR cases
ZH(Tanzania) v SSHD [2011] UKSC4
Hesham Ali v SSHD [2016] UKSC 60
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22

Difference Between Removal and Deportation

Deportation is typically for serious criminal offenses or national security risks
Removal is for failing to comply with entry or visa conditions (e.g., overstaying)
Individuals removed from the UK are subject to a mandatory 10-year re-entry ban.

Powers/Regulations of Removal

Immigration and Asylum Act 1999, S10(1) allows removal of those lacking required leave to enter/remain
S10(2) allows for removal of family members (if they meet certain criteria, including a relationship with and reliance on the family member being removed).

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Description

Test your knowledge about the UK Borders Act 2007 and its provisions related to deportation. This quiz covers definitions, exceptions, and specific clauses relevant to foreign criminals and deportation obligations. Challenge yourself and see how well you understand immigration rules in the UK.