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Evening Standard
Evening Standard
Politics
Christopher McKeon

‘Deport now, appeal later’ scheme expanded in drive to remove foreign criminals

More foreign offenders are set to be deported before their human rights appeals have been exhausted (Gareth Fuller/PA) - (PA Wire)

More foreign criminals will be deported before their appeals have been heard as the Government expands its “deport now, appeal later” scheme.

Offenders from another 15 countries including India, Bulgaria and Australia will now be included in the scheme, bringing the total to 23 countries.

The scheme allows the UK to deport offenders who have had a human rights claim against their removal rejected, with any appeals heard from abroad over a video link.

Home Secretary Yvette Cooper said foreign criminals had been “exploiting” the immigration system by “remaining in the UK for months or even years while their appeals drag on”.

She said: “That has to end. Those who commit crimes in our country cannot be allowed to manipulate the system, which is why we are restoring control and sending a clear message that our laws must be respected and will be enforced.”

The Home Secretary said expanding the ‘deport now, appeal later’ scheme would prevent more people from ‘exploiting’ the immigration system (Jacob King/PA) (PA Wire)

The other countries now in the scheme are Angola, Botswana, Brunei, Canada, Guyana, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda and Zambia.

The Home Office said the expansion of “deport now, appeal later” would help “scale up” the country’s ability to remove foreign criminals, alongside measures announced on Sunday to deport offenders as soon as they are sentenced.

Justice Secretary Shabana Mahmood said the move, which requires parliamentary approval, would save £54,000 a year per prison place.

Since Labour came to power last year, almost 5,200 foreign offenders have been deported, representing a 14% increase on the previous 12 months.

Officials have said increasing deportations will help ease pressure on overcrowded prisons.

But figures from the Ministry of Justice from the end of June suggest there are currently just 772 prisoners from the 15 new countries covered by “deport now, appeal later”.

Of the new countries, only Indians are in the top nationalities among current prisoners, while there are no offenders from Botswana or Brunei currently behind bars.

The “deport now, appeal later” scheme for human rights claims was introduced in 2014 but was ruled unlawful by the Supreme Court three years later in cases where deportation would prevent the offender from giving live evidence in their appeal.

But the court noted that giving evidence over a video link could be sufficient, provided it was financially and logistically possible, in effect limiting the policy to countries where video appeal facilities were realistically available.

The UK currently has arrangements for video appeals with eight countries, including Tanzania, Belize, Finland and Estonia.

Foreign Secretary David Lammy said: “We are leading diplomatic efforts to increase the number of countries where foreign criminals can be swiftly returned, and if they want to appeal, they can do so safely from their home country.

“Under this scheme, we’re investing in international partnerships that uphold our security and make our streets safer.”

Shadow home secretary Chris Philp said: “We welcome Keir Starmer’s step in the right direction of Conservative Party deportations policy. But with record numbers of illegal arrivals, this is only a drop in the ocean.

“But even with this U-turn, only the Conservative Party is committed to deporting all foreign criminals.

“Until Keir Starmer either commits to deporting all foreign criminals or stops rolling out the red carpet for migrants the world over, this problem is not going away.”

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