Section 10: Removal of certain persons unlawfully in the United Kingdom
57.In parallel with the reform of the immigration and asylum appeals system, the White Paper announced that in future, anyone who had been lawfully in the United Kingdom but who no longer had any entitlement to remain would normally be subject to administrative removal rather than deportation. This section provides that those who have failed to observe the conditions attached to their leave, overstayers and those who have obtained leave to remain by deception – ie those currently liable to deportation action under sections 3(5)(a) and 3(5)(aa) of the 1971 Act, and the family members of such people – will be subject to new administrative removal procedures. These procedures will mirror those which currently apply in respect of illegal entrants. Deportation action will continue to apply to cases where the Secretary of State deems the person’s removal to be conducive to the public good and to court recommended cases (sections 3(5)(b) and 3(6) of the 1971 Act) and to the family members of someone deported on those grounds.
58.Subsection (2) makes it clear that an overstayer who has applied for leave to remain under the special arrangements set out in section 9 cannot be removed under the new removal procedures. (If an application is subsequently refused, the person concerned will be subject to deportation proceedings and will have a right of appeal to the Immigration Appellate Authority.) Subsection (3) places a time limit on taking removal action against the family member of someone who is being, or has been, removed similar to that contained in section 5(3) of the 1971 Act.
