Immigration Enforcement

It is an offence to enter the United Kingdom in breach of a deportation order, without leave, or to remain beyond the time permitted by the leave, or to fail to comply with conditions of leave.

It is an offence to knowingly assist a person in breaching immigration laws of the UK or any EU State. It is an offence, knowingly and for gain, to assist an asylum-seeker to enter the UK. It is an offence to assist a person in entering the UK in breach of a deportation or exclusion order.

In the case of conviction for the above offences, there are provisions for forfeiture of the vehicle, ships, aircraft involved in the relevant offence. There was a criminal offence of trafficking in persons for the purpose of prostitution. There was a similar offence of trafficking persons for the purpose of exploitation.

This is behaviour contrary to Article 4 of the European Convention on Human Rights relating to forced labour, offences regarding organ removal, being subject to forced threats or deception to induce a person to provide services or benefits or to induce a person to do something which he is unlikely to be in a position to resist due to illness or disability.

It is an offence to employ illegal immigrants or persons who are subject to immigration control. There is a penalty system by way of penalty notice by which the Secretary of State may issue subject to objections and appeals.

Immigration Officers have powers to enter premises, arrest and search persons suspected of committing offenses under the Immigration Act. There is a power of arrest without a warrant in respect of the offences of illegal entry, assisting illegal entry, deception, and obstruction of an Immigration Officer.

A person may be arrested without a warrant when a reasonable Immigration Officer forms a suspicion that a person has committed or attempted to commit certain Immigration Act offences. Powers on search and entry are available only to the extent that they are reasonably required.

There is provision for fingerprinting persons who arrive without proof of identity or where there is suspicion, those who obtain temporary entry with a suspicion they may breach their conditions. Illegal immigrants are persons detained or arrested while pending a decision on leave to enter, whether asylum seekers and dependents.

There are provisions and procedures relating to taking of fingerprints. There is provision regarding codes of practice and retention of information. A special provision is made for persons under 16. There is provision for gathering information about physical characteristics including retinal features.

There is civil liability on persons who transport persons secretly into the United Kingdom. A person responsible for such clandestine entry, whether by vehicles, trains, rail wagons, ships, aircraft, etc., is liable for a penalty for each entrant, irrespective of whether he knew or suspected the person was concealed. Other persons concealed with a clandestine entrant.

It is a defence to show the employee was acting under duress, did not know, or had no reasonable ground for suspecting that an entrant was concealed in the means of transport and that an effective system of preventing clandestine entrance was in operation. There is provision for a penalty notice on an appeal against the penalty.There is a code of practice applicable to penalties.

Vehicles may be retained until all penalties have been paid. If they are not paid within a prescribed time, alternative security is not given. It is valid even if the later penalty notice is found or returned. The vehicles may be released if satisfactory security is given for payment of penalties. A scheme was introduced under the 2002 Act to allow carriers to verify the details against databases of persons posing immigration or security risks.

Where a person subject to immigration control is married, notices must be given at designated registration centres. Notice must be given together and in person. The Superintendent Registrar must be satisfied that the person has obtained entry clearance for the purpose of enabling him to marry within the United Kingdom and has the permission of the Secretary of State to marry in the United Kingdom.

Deportation is forced removal from the country. Persons who are non-British citizens may be deported from the United Kingdom if the Secretary of State deems their deportation to be conducive to the public good or another person to whose family he belongs is deported. A person who is not a British citizen shall be liable to deportation if after he has attained the age of 17, he is indicted for an offence for which he is punishable with imprisonment and on his conviction, it is recommended for deportation by the court empowered to do so.

A person who has been notified that the State intends to make a deportation order or has been recommended for deportation by a court may be detained pending deportation. He may be released on bail. The application for bail may only be made to the immigration service or an appeal body.

A person may be required by the Secretary of State to take action to obtain a travel document to facilitate removal from the United Kingdom. Failure without reasonable excuse to comply with the requirements is an offence.

There is provision for electronic monitoring of persons subject to immigration control where there is a residence restriction or a reporting in place or a reporting restriction could be imposed or where immigration bail is granted. Immigration Officers may remove the direct removal of a person who is not a British citizen under the following circumstances: failure to observe conditions of leave; Remaining beyond the time required by the permission to leave; deception in obtaining or according to seeking permission to remain; revocation of indefinite leave, directions given for removal.

There are exceptions to the power to deport. A citizen of the Republic of Ireland or Commonwealth citizen may not be deported on the order of the Home Secretary or recommendation of a court following conviction if he has been ordinarily resident in the UK and Ireland for a period of five years prior to the decision or conviction.

An asylum-seeker may not be removed before a notice of decision is given. There is an appeal against deportation, provided that a person deported on national security grounds may only appeal from outside the UK. An appeal is allowed in a country unless the Home Secretary who certifies removal will not breach the ECHR. There are provisions for the removal of an asylum-seeker to a safe third country without consideration of the claim.

The Refugee Convention deems certain countries to be safe where a person’s life, liberty are not threatened by his race, religion, nationality, membership of a special group of political opinion, in which a person will not be sent to another State in contravention of Convention rights and from which a person will not be sent to another State other than in accordance with the Refugee Convention.

A person who is removed to one of the safe countries may not challenge removal on Refugee Convention grounds. They may challenge on ECHR grounds but where the Secretary of State certifies a human rights issue is unfounded, clearly unfounded, the appeal can only be pursued from abroad.

In 1999 Act allows for the management of centres for the accommodation of immigration and asylum detainees. Services may be contracted out.

Where an asylum application has been rejected, application on new grounds, which are apparently based on apparently credible evidence, should be reconsidered.