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?

<p>10 years (A)</p> Signup and view all the answers

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

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

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

<p>Crimes committed by British citizens (B)</p> Signup and view all the answers

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

<p>There must be new evidence or matters to consider (C)</p> 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?

<p>Indefinitely (C)</p> Signup and view all the answers

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

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

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

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

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

<p>At least 4 years. (C)</p> Signup and view all the answers

Which paragraph provides exceptions to deportation based on family relationships?

<p>Paragraph 399. (D)</p> Signup and view all the answers

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

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

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

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

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

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

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

<p>When there are compelling circumstances beyond established exceptions. (C)</p> 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?

<p>12 months (C)</p> Signup and view all the answers

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

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

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

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

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

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

What does subsection (2) primarily establish regarding convictions?

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

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

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

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

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

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

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

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

<p>The likelihood of the person being removed (C)</p> Signup and view all the answers

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

<p>Intend to remove the person (D)</p> Signup and view all the answers

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

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

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

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

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

<p>Financial stability in the UK (C)</p> Signup and view all the answers

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

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

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

<p>Possible barriers to removal (A)</p> Signup and view all the answers

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

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

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

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

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

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

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

<p>Being a citizen of the European Union. (B)</p> 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?

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

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

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

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

<p>All material facts (B)</p> Signup and view all the answers

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

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

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

<p>£2,389 (B)</p> Signup and view all the answers

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

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

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

<p>Documentation of accommodation and financial spending (D)</p> Signup and view all the answers

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

<p>Balance of probabilities (D)</p> Signup and view all the answers

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

<p>A criminal conviction for domestic violence (B)</p> Signup and view all the answers

Which statement about NHS charges for overseas visitors is correct?

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

Flashcards

Deportation of foreign criminals

The removal of non-British citizens convicted of a UK crime carrying a 12+ month sentence.

Exceptions to deportation

Certain situations where mandatory deportation is not applied (e.g., refugee status, under-18 on conviction, mental health cases).

UK Borders Act 2007, s.32

Statutory provision mandating deportation of foreign criminals convicted in the UK of offences, carrying (typically) a 12-month sentence or more.

Foreign criminal (UK Borders Act)

A non-British citizen convicted of a UK crime carrying a 12+ month sentence.

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Post-deportation period (under 4 years)

A 10-year deportation period follow an imprisonment sentence under 4 years.

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Post-deportation period (4+ years)

Indefinite deportation following an imprisonment of 4+ years.

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Who can be deported?

Any non-British citizen, including those with indefinite leave to remain, refugees, and family members.

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Judicial review and injunction

Legal actions to halt deportation while an application review is ongoing or further evidence is gathered.

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Deportation Obstacle for C

Significant obstacles exist for deporting individual C, especially if having genuine relationships with qualifying partner/child.

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Exception 2

Deportation of C is avoided if a genuine relationship exists with a qualifying partner, or a qualifying child, and deportation would cause undue hardship.

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Foreign Criminal Deportation

Deportation of a foreign criminal is generally in the public interest if sentenced to at least four years.

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Compelling Circumstances

Exceptional factors that oppose deportation beyond exceptions, pertaining to foreign criminals.

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Article 8 Human Rights

A claim against deportations that violate Article 8 of the Human Rights Convention is considered

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Public Interest Deportation (4+ years)

Deportation is in the public interest if convicted of an offense with at least four years imprisonment.

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Public Interest Deportation (12+ months)

Deportation is in the public interest if convicted of an offense with imprisonment of at least 12 months.

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SoS Considerations (Offending harm/persistent offender)

The Secretary of State (SoS), assesses if the person's offense caused serious harm or if they're a persistent offender showing disregard for law, before determining if deportation is needed.

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What are some reasons for refusing ILR?

The Home Office may refuse Indefinite Leave to Remain (ILR) if the applicant made false statements, failed to disclose important information, or did not pay required fees.

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What's a fee waiver?

A fee waiver allows applicants who cannot afford the ILR fee to apply without paying it. This requires providing evidence of their financial situation.

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What evidence is needed for a fee waiver?

Applicants must provide details and evidence of their living situation, including rent/mortgage costs, income, and expenses.

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What's a 'subsisting breakdown'?

This means the applicant and their partner are separated and no longer living together. It requires proof to be considered for ILR.

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What evidence proves 'subsisting breakdown'?

Evidence like a criminal conviction for domestic violence, a court order, or written agreements between partners can prove a break-up.

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What is the standard of proof for ILR?

The 'balance of probabilities' means the applicant must show it is more likely than not that they meet the requirements for ILR.

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Why are previous false statements a problem for ILR?

Making false statements or hiding important information in past applications can make the Home Office distrustful and lead to refusal for ILR.

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What happens if someone hasn't paid NHS charges?

If an applicant has unpaid NHS charges of at least £500, they may be refused ILR.

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Detention: General Factors

The decision to detain an individual pending removal is influenced by factors like likelihood of removal, history of absconding, and compliance with immigration rules.

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Reasonable period of Detention

The detention period must be reasonable, determined by factors like removal barriers, individual vulnerabilities, and travel document requirements. If removal is unlikely within the reasonable period, detention should not continue.

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Saadi v UK (ECHR)

European Court of Human Rights ruling that detention for a swift decision on asylum claims is lawful.

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R (Hardial Singh) v Governor of Durham Prison

This case established that the Home Secretary must intend to remove the person and the detention must be for that purpose only.

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Balancing factors in Detention

When determining the reasonableness of detention, courts balance factors such as removal barriers, individual vulnerabilities, travel document requirements, risk of absconding, and criminal history.

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Diligence and Expedition in Removal

The Home Secretary must act with reasonable diligence and expedition in effecting removal.

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Distinction between principles (ii) and (iii)

Principle (ii) relates to whether the detention period was reasonable, while principle (iii) concerns whether removal is possible within a reasonable timeframe.

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Intention of Removal

The Home Secretary must have the intention to remove the person before the detention powers are used.

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What makes an act an offense in relation to deportation orders?

An act becomes an offense if it facilitates a breach or attempted breach of a deportation order against an EU citizen, and the person performing the act knows or has reasonable cause to believe that the act will facilitate such a breach.

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Deportation Order Exclusion Criteria

A deportation order excluding an individual from the UK can be made on grounds of public policy, public security, or public health. This does not include temporary exclusion orders.

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Assisting an Excluded Individual

An act becomes an offense if it assists a person excluded from the UK to arrive, enter, or remain, or attempt to do so, and the person performing the act knows or has reasonable cause to believe that the act will assist the individual and that the SoS has made an exclusion order based on public policy, security, or health grounds.

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EU Citizen Deportation

A person can be guilty of an offense if they facilitate a breach or attempted breach of a deportation order against an EU citizen, knowing or having reasonable cause to believe the act will facilitate that breach.

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Purpose of Exclusion Orders

Exclusion orders are used by the SoS to prevent individuals from entering or remaining in the UK on grounds of public policy, public security, or public health.

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S72 Presumption

A person convicted in the UK and sentenced to at least 12 months imprisonment is presumed to be a danger to the community and likely to be deported.

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Rebutting the Presumption

The appellant can challenge the presumption in S72 by providing evidence to show they are not a danger to society.

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What is a Refugee?

A person who is outside their country of origin due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or social group.

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Humanitarian Protection

The UK grants protection to individuals facing a real risk of serious harm in their country of origin, even if they don't qualify as refugees.

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Criteria for Refugee Status

To qualify as a refugee, the applicant must be in the UK, fall under the definition of a refugee, and not be excluded from protection by the Refugee Convention.

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Criteria for Humanitarian Protection

To receive humanitarian protection, the applicant must demonstrate a real risk of serious harm in their country of origin and be unable or unwilling to seek protection there.

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Secretary of State's Certificate (S72)

If the presumption under S72 applies, the Secretary of State issues a certificate stating the applicant is a danger to the community. This certificate can be challenged by the appellant.

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Tribunal's Decision Making Process

The tribunal must first consider the S72 certificate and decide if the presumption applies. If it does, the appeal is dismissed on Refugee Convention grounds. Only if the presumption is rebutted can the tribunal consider the protection claim.

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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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Related Documents

Deportation & Removal Practice Notes PDF

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.

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