Duncan Lewis


Asylum, Detention/ Fast Track

Managed Migration, Public Law

Government not filing cases of deportation of foreign criminals for fear of losing against article 8 of Human Rights

Date: (23 July 2012)    |    

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A Freedom of Information Act requests made by the Sunday Telegraph has revealed how 250 foreign killers and rapists who had served their sentences were still in Britain without their cases being considered by a court.
There was at least one terrorist, eight killers and rapists, 20 robbers and eight paedophiles who were allowed to stay last year instead of being deported and no court had decided their fate.
The Home Office had accepted that deporting them would be a breach of their human rights and hence allowed them to stay in the country.
It also emerged that there was a dramatic increase in such cases, from 56 in 2008, 80 the following year, 217 in 2010 and 250 last year.
Home Secretary Theresa May last year announced a crackdown on use of the 'right to a family life' defence to avoid deportation.
A UK Border Agency spokesman said there was no point in wasting taxpayer’s money when contesting these cases ended up in favour of the released offenders.
Each claim was examined individually but case law based on the old rules meant the courts were highly likely to uphold them. It was the very reason the rules have been changed since last month in trying to remove criminals who used Article 8 to dodge deportation.
This way it would ensure that Government was likely to lose fewer cases and therefore fewer uncontested hearings.
Chris Bryant, the Labour shadow immigration minister, told The Sunday Telegraph that. Theresa May has been trying to blame the Human Rights Act for not being able to deport foreign national offenders, but it’s becoming clearer every day that the real problem is her inability to get a grip of her department.
The Home Office would not name any of the 250 criminals, despite all of them being convicted in an open court.
One case of illegal immigrant Vladimir Buchak who was convicted of organising Britain's biggest sham marriage racket has been also dropped it emerged.
The 34-year-old was released from jail a year ago but has not been sent home because he has two children in Britain.
The new revelations come after Mrs May brought in tougher rules for courts on the 'right to family life' defence which is used by foreign criminals to stay in Britain.
The new rules came into force last week but do not apply to previous cases.