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Home Affairs Committee: Written Evidence the Work of the UK Home Affairs Committee: Written evidence The work of the UK Border Agency and Border Force This volume contains the written evidence accepted by the Home Affairs Committee for the work of the UK Border Agency and Border Force inquiry. No. Author Page 01 Rob Whiteman, UK Border Agency 1 02 Brian Moore, Border Force 29 03 TUI Travel 36 04 CBI 39 05 Eurotunnel 42 06 National Crime Agency 46 07 BAA 52 08 Home Office [Helen Ghosh letter 25 May] 53 08a Home Office supplementary [Damian Green MP letter 11 June] 58 As at 12 June 2012 Letter from Rob Whiteman, Chief Executive, UK Border Agency, to the Chair of the Committee, 3 May 2012 Thank you for your letter of 30 March 2012 in which you requested information ahead of my evidence session on 15 May 2012. Please find my response to your questions below. Please note the figures quoted below are based on management information unless stated otherwise. The information has been subject to internal quality assurance checks however it is drawn from snapshots of UK Border Agency databases and is therefore subject to change. Some numbers have been rounded which will explain discrepancies in some totals. Foreign National Offenders Questions 1 to 19: progress in dealing with Foreign National Offenders (FNOs). I would like to start by reminding the Committee of our wide-ranging work on FNOs, the progress we are making and the principles to which we work. In 2011 we removed 4,522 FNOs from the UK. We are also seeing fewer cases arising which fit the deportation threshold - numbers are down approximately 12% in 2011 compared with 2010, whilst the overall prison population has not fallen; this suggests that foreign nationals are committing fewer serious crimes. We are also starting the deportation process earlier and removing foreign criminals more quickly. The average number of days between a FNO finishing their sentence and being removed has fallen from 131 days in 2008 to 74 days in 2011. In 2011 just under half of removals were within the Early Removal Scheme period, when a prisoner can be removed earlier to save taxpayers’ money. We also work to a number of important principles. Where a foreign criminal poses a risk to the public we believe they should stay in detention and vigorously oppose bail. In only 10% of cases of FNOs released from detention whilst awaiting deportation was this decision made by the UK Border Agency - the courts made the decision to release in the other cases. The UK Border Agency must act within the law and consider releasing individuals where there is no realistic prospect of removal in a reasonable timescale. We are also driving concerted cross-government action to embed our returns agenda with foreign governments. This work includes negotiations to receive documents more quickly from foreign national governments where FNOs have destroyed their passports or refused to correctly identify themselves to delay attempts to deport them. 1 Foreign National Offenders released in 2006 without being considered for deportation The Committee has specifically asked for an update on the progress we are making on the cases of the 1,013 foreign prisoners who in 2006 were found to have been released without consideration for deportation. The table below sets this out and is accurate as at 3 April 2012. Total cases Of which Of which Cases still Number of Not Total concluded deported did not going individuals located or result in through the serving a removed deportation deportation custodial or removals process sentence 844 399 445 93 19 57 1,013 Over 80% of the cases have been concluded and nearly half of those have been deported. We continue to focus on the remainder. Inevitably they are now the oldest and most complex cases but we continue to make progress. We have removed a further two cases since my last letter in December 2011. In particular we continue to carry out tracing on the 57 cases (5% of the original group) that have not yet been located and their details have been circulated on the Police National Computer. The Committee is aware that these are historical issues and strenuous work is carried out to ensure that prisoners who may be deported at the end of their sentence are identified between NOMS and the UK Border Agency. The Committee asked for details of the 445 concluded cases that did not result in removal or deportation: Total Appeal allowed 110 British citizen 82 Irish citizen 10 Exempt1 22 Deportation criteria not met 121 Other reasons2 92 Duplicates 8 Total 445 1 Exempt includes those who fall under Sec 7 or Sec 8 of the Immigration Act – eg diplomats, foreign members of UK Armed Forces and those resident in the UK before the 1971 Act. 2 Other reasons include: deceased, successful appeal (before 1 April 2006), length of residence, minor. 2 New Foreign National Offender cases The Committee asked how many FNOs are being held in prison as of 31 March 2012. The latest data available from National Offender Management Service (NOMS) shows that as at 31 March 2012 there were 11,127 foreign nationals in prison. NOMS does not routinely publish data regarding the number of foreign nationals received into prisons, only the number of foreign nationals in prison on a certain day. However, in a recent FOI response NOMS released data that shows 14,805 foreign nationals entered prison between January and September 2011. There are no central records held by NOMS or the UK Border Agency to record the referral times against the date prisoners are sentenced. To obtain an analysis to establish the proportion of cases referred within five days of sentence would require a manual case by case search of individual files and such a search would be at a disproportionate cost. Whilst we have an agreement with NOMS that prisoners will be referred within five days we are confident that notifications not received within five days do not have a significant impact on processing times for deportation. NOMS continue to remind establishments of the importance of making referrals to UK Border Agency on time. Foreign National Offenders deported during the most recent period available The numbers of FNOs deported (including under the Early Removal Scheme or Facilitated Returns Scheme) between January and March 2012 will not be published until 24 May. However between October and December 2011, we deported 1,018 Foreign National Offenders. Of these 427 were removed via the Early Removal Scheme and 416 via the Facilitated Returns Scheme. Foreign National Offenders released during this period A total of 454 individuals were released between 1 December 2011 and 31 March 2012. The reasons for these releases are set out in the table below. You will see that the vast majority were released by an Immigration Judge on bail. The UK Border Agency must also release those where we have been unable to maintain detention under the law because there is no imminent prospect of deportation. These individuals are assessed according to level of risk and conditions are set. Reason for Release Total Immigration Judge Bail 374 UKBA – Bail3 54 UKBA – Allowed Appeal 8 3 These are cases where the Agency has no immediate prospect of removal and so has to bail in accordance with the law 3 Prison – End of Sentence4 4 Mental Health Discharge 14 Total 454 All 454 individuals were released on restrictions whilst the Agency continued to pursue deportation, except for those released following an allowed appeal. 427 cases remain outstanding. Under official statistics protocols we are unable to give a breakdown of the outcome of the cases that have been concluded over the period as this will form a subset of statistics published on 24 May 2012. The 427 outstanding cases fall into the following categories. You can see that half either have appeals underway or face further criminal proceedings: Category of outstanding cases Total Further legal challenges5 149 Casework issues6 67 Country situation currently presents 21 challenges to removal7 Compliance issues8 36 Further criminal proceedings 2 4 These are cases that are released by the prison that: ‐ Do not fit FNO deportation criteria and the criminal case is then later closed (deportation is not pursued) ‐ Exceptional cases where a case may be extradited quicker than we anticipate e.g. by SOCA ‐ Released by prison before the CCD referral gets processed by the prison. 5 Appeal against deportation, asylum claim, judicial review. 6 Application to Revoke DO, Children Issues, further representations, medical reasons, Appeal Rights Exhausted (ARE) - awaiting travel docs, ARE deportation order not yet served, awaiting removal - barriers, awaiting removal - no barriers, decision served, in appeals, revoking DO. 7 Country situation prohibits removal but compliant in obtaining Emergency Travel Document. 8 Emergency travel document required but non-compliant, unwilling to go voluntarily. 4 Other9 2 Awaiting/Outstanding Casework Decision10 150 Total outstanding 427 Of the 427, 16 individuals have been re-detained. Foreign National Offenders managed in the community As of 4 April 2012 there were approximately 3,900 FNOs who are subject to deportation action living in the community. Deportation of FNOs can be delayed for a variety of reasons, such as the use of judicial challenges or by the individuals’ continued failure to comply with the re-documentation process. A high proportion of FNOs are detained under immigration powers after their release from prison, but our powers do not allow us to detain indefinitely. We can only detain where there is a realistic prospect of removal within a reasonable timescale. In 2011, for an average month, approximately 110 FNOs were released from immigration detention on restrictions while deportation was considered.
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