Home Office Enforcement
NCADC | 20.09.2006 12:17 | Migration | Birmingham
The National Coalition of Anti-Deportation Campaigns has placed on its website Home office texts relevant to rules/guidance on how the Home Office enforce immigration controls.
Though the information below is relevant at time of posting, it may change. So please check with solicitor/case worker before using. The contents of this message should under no circumstances be seen as 'Immigration advice'.
All the information below can be accessed at
http://www.ncadc.org.uk/
Though the information below is relevant at time of posting, it may change. So please check with solicitor/case worker before using. The contents of this message should under no circumstances be seen as 'Immigration advice'.
All the information below can be accessed at
http://www.ncadc.org.uk/
Immigration Control in the UK
Immigration control regulates the entry and refusal of entry of passengers into the UK, the conditions of stay in the UK, the variation of such conditions following entry, settlement and the deportation of persons under the Act.The administration of immigration control is governed by the immigration rules which are laid before Parliament by the Home Secretary from time to time.
Contact Management
Contact Management (CM) is the means by which the Immigration Service (IS) maintains contact with asylum seekers & other applicants throughout the application process.
Extenuating circumstances
It is the policy of the Department to remove those persons found to have entered the United Kingdom unlawfully unless it would be a breach of Refugee Convention or ECHR or there are compelling reasons, usually of a compassionate nature, for not doing so in an individual case.
Evasion of Control
This Section provides guidance concerning the procedures for dealing with suspected illegal entrants to the United Kingdom and persons who have overstayed their leave here, or who are working in breach or claiming in breach of their conditions of stay.
Deportation orders
Once appeal rights have been exhausted, and providing the decision to deport has not been overturned, caseworkers in the relevant section will prepare a submission to Ministers to seek a DO. An order is usually signed by the Home Office Immigration Minister but contentious cases may be referred to the Home Secretary who will sign the order.
Enforcement visits
All enforcement visits constitute immigration work of the most sensitive kind. An undertaking has been given to Parliament that IDs will not carry out speculative immigration visits, ("fishing" expeditions). It is essential that before any enforcement visit is made, the name of the possible offender is known (but see chapter 46.4.2 for visits to places of employment) and all checks have been made (see chapter 46.3). In particular the detention of persons who are not immigration offenders must be avoided.
Retrieval of personal effects
Inform persons to be removed/deported in advance, using the appropriate forms, of the baggage allowance (approx. 20-22 kg,) and that the IS has no responsibility for arranging or paying for the returnees excess baggage. BAA airports will enforce a maximum weight limit of 32kg for any single item of baggage.
Judicial review and Injunctions
Judicial review (JR) is the legal process whereby the lawfulness of a decision, action or failure to act of a public body such as a government department or local authority or other body exercising a public law function can be challenged. The generic term for this area of law is "administrative law".
Immigration control regulates the entry and refusal of entry of passengers into the UK, the conditions of stay in the UK, the variation of such conditions following entry, settlement and the deportation of persons under the Act.The administration of immigration control is governed by the immigration rules which are laid before Parliament by the Home Secretary from time to time.
Contact Management
Contact Management (CM) is the means by which the Immigration Service (IS) maintains contact with asylum seekers & other applicants throughout the application process.
Extenuating circumstances
It is the policy of the Department to remove those persons found to have entered the United Kingdom unlawfully unless it would be a breach of Refugee Convention or ECHR or there are compelling reasons, usually of a compassionate nature, for not doing so in an individual case.
Evasion of Control
This Section provides guidance concerning the procedures for dealing with suspected illegal entrants to the United Kingdom and persons who have overstayed their leave here, or who are working in breach or claiming in breach of their conditions of stay.
Deportation orders
Once appeal rights have been exhausted, and providing the decision to deport has not been overturned, caseworkers in the relevant section will prepare a submission to Ministers to seek a DO. An order is usually signed by the Home Office Immigration Minister but contentious cases may be referred to the Home Secretary who will sign the order.
Enforcement visits
All enforcement visits constitute immigration work of the most sensitive kind. An undertaking has been given to Parliament that IDs will not carry out speculative immigration visits, ("fishing" expeditions). It is essential that before any enforcement visit is made, the name of the possible offender is known (but see chapter 46.4.2 for visits to places of employment) and all checks have been made (see chapter 46.3). In particular the detention of persons who are not immigration offenders must be avoided.
Retrieval of personal effects
Inform persons to be removed/deported in advance, using the appropriate forms, of the baggage allowance (approx. 20-22 kg,) and that the IS has no responsibility for arranging or paying for the returnees excess baggage. BAA airports will enforce a maximum weight limit of 32kg for any single item of baggage.
Judicial review and Injunctions
Judicial review (JR) is the legal process whereby the lawfulness of a decision, action or failure to act of a public body such as a government department or local authority or other body exercising a public law function can be challenged. The generic term for this area of law is "administrative law".
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