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UK's Struggle to Deport Foreign Nationals

Strategic Insights

— 1 min read

The recent deportation of a convicted sex offender to Ethiopia, despite him being sentenced to 12 months in prison, has sparked a debate about the UK's ability to deport foreign nationals who have committed crimes. Under UK law, the home secretary has a duty to pursue the removal of foreign national offenders (FNOs), but the process is often complicated by procedural issues and human rights concerns. The UK currently deports approximately 5,000 FNOs per year, but there are still over 10,700 FNOs held in UK prisons, making up around 12% of the total prison population.

Key Takeaways:

  • The UK has struggled to deport FNOs due to procedural issues, including lack of travel documents and disagreements over emergency travel documents.
  • The UK has 110 prisoner transfer agreements with other countries, but removal can be prevented by lack of cooperation from the offender or their embassy.
  • Recent changes to the early removal scheme mean FNOs have to serve only 30% of their sentence before removal, and plans are in place to reduce this to 0%.
  • The facilitated return scheme provides FNOs with up to £1,500 to help them resettle in their home country if they agree to withdraw outstanding appeals or applications to stay in the UK.
  • FNOs may appeal their deportations by arguing that removal would breach their right to private and family life under article 8 of the European convention on human rights.
  • The UK has a strict interpretation of article 8, and decision-makers must balance the right against aims such as controlling immigration and public safety.
  • Foreign nationals may also argue that their life will be at risk, that they will suffer inhuman or degrading treatment, unlawful detention, or an unfair trial on return to their home country.

Statistics:

  • 1,013 foreign national prisoners were released without the Home Office considering deportation in 2006 (BBC, 2006)
  • The UK deports approximately 5,000 FNOs per year (The Conversation, 2023)
  • There are currently 10,700 FNOs held in UK prisons, making up around 12% of the total prison population (The Conversation, 2023)
  • Between 2008 and 2021, 11% of FNO appeals against deportation succeeded on human rights grounds, with 3%-4% of the approximately 60,000 FNOs removed from the UK during this period experiencing this outcome (The Conversation, 2023)

Sources:

  • BBC (2006) "1,013 prisoners were not to be deported"
  • The Conversation (2023) "Why is it so difficult for the UK to deport foreign criminals?"

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