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Britain unable to deport more than 5,000 foreign offenders

PUBLISHED October 26, 2011
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Chief inspector of immigration says UK Border Agency must to more to manage the 5,375 cases pending deportation The number of foreign prisoners who have come to the end of their sentences but cannot be deported has passed the 5,000 mark, despite repeated pledges by Home Office ministers to speed up removals. In an inspection report published on Thursday, John Vine, the independent chief inspector of immigration, says the UK Border Agency (UKBA) must do more to manage the 5,375 foreign prisoners who, having completed their sentences, have remained in detention or have been released into the community pending deportation. Vine also warns that the UKBA would do better to take more account of human rights rulings by judges ? particularly those that block deportations on the grounds of article 8 of the Human Rights Act, the right to family life ? rather than wasting large sums of taxpayers' money on a futile cycle of further appeals, even though the outcome will be that the former prisoner will be allowed to stay in Britain. "A significant number of appeals continue to be allowed against decisions to deport, in most cases because deportation would breach the UK's obligation to the individual under the Human Rights Act," says the former Strathclyde chief constable. "The agency must work to reduce the number of decisions overturned on appeal and take full account of the court's decisions in deciding whether deportation action is appropriate or whether it would breach a person's rights under article 8." His warning contrasts with Theresa May's party conference speech in which she criticised the use of article 8 to drive a "coach and horses through our immigration system" and prevent the deportation of foreign prisoners. The new report shows that a total of 425 deportation cases have been overturned on appeal, the overwhelming majority on human rights grounds. About one in three of the appeals lodged by foreign prisoners against their deportation succeeded in the 12 months to February this year. Vine says that 5,235 foreign prisoners were deported last year, but a higher number could not be deported. In May this year, there were 3,775 former foreign prisoners who had been released from custody because they could not be deported, and a further 1,600 remained in detention despite completing sentences. "More must be done to actively manage these cases ? they represent a growing cost to the taxpayer and cannot be ignored," said Vine.The immigration minister, Damian Green, said foreign criminals were being removed more quickly than ever, and where they posed a danger to the public they remained in detention pending deportation. He said those who had been released were subject to stringent restrictions. "For too long, article 8 has been used to place the family rights of foreign criminals above the rights of the British public, which is why we will change the immigration rules to ensure a better balance," said Green. Immigration and asylum Prisons and probation Human Rights Act Human rights Alan Travis guardian.co.uk © 2011 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to our Terms & Conditions | More Feeds

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