Wed | Aug 16, 2017

Immigration Corner: I need to return to England

Published:Tuesday | October 6, 2015 | 10:00 AM

Dear Mr Bassie,

I recently voluntarily left the United Kingdom after making an unsuccessful appeal against a decision that I had used deception in my entry clearance application. I would like to know how long I have to wait before applying to re-enter. I need to return to England.

- CP

Dear CP,

With respect to deception on the application, this is a violation of paragraph 320(7B) Immigration Rules, where persons who leave the United Kingdom voluntarily at the secretary of state's expense, either directly or indirectly, more than six months after they are given notice of their removal decision or more than six months after the exhaustion of their subsequent appeal rights, depending on which is the later date, are subject to a mandatory five-year re-entry ban.

However, persons who are removed as the subject of a deportation order will continue to be excluded while the order is extant. The criteria for the revocation of a deportation order are contained in paragraphs 390-392 of the Immigration Rules.

Where paragraph 320(7B) of the Immigration Rules applies and the persons who were forcibly removed from the United Kingdom are subject to a mandatory 10-year re-entry ban, it should be noted that for the purposes of this re-entry ban, an enforced removal is one where the person refuses to leave the United Kingdom voluntarily and the United Kingdom Border Agency enforces their departure in order to ensure that he/she leaves. A person should be aware that enforcement includes the use of detention powers immediately prior to departure from the United Kingdom if applicable.

 

Rules

Further to the rules previously outlined, once it is confirmed that an individual has departed voluntarily or his/her removal has been enforced, whoever is responsible for recording his/her departure must ensure that the date and the manner of the departure are properly and promptly recorded on the Case Information Database (CID). This is, in part, so that the correct re-entry ban can be considered, and applied if necessary, where the individual applies to return to the United Kingdom before his/her mandatory ban expires.

Where it is applicable, the personnel who are responsible for recording the departure must carefully check the person's CID record to ensure that the date on which he/she was last served notice of a removal decision has been correctly recorded. Where the person appealed against that decision, the staff must also check that the date on which he/she exhausted his/her appeal rights has been recorded. In addition, where either or both of these dates have not been entered on the CID without reasonable explanation, the staff must, where possible, examine the person's Home Office file and any other United Kingdom Border Agency-related databases or paperwork in order to confirm and record these dates.

Just for completeness, it should be noted that changes to the general grounds for refusal under part nine of the Immigration Rules - "General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom" - came into effect on December 13, 2012. The changes provide for mandatory or discretionary refusal of entry clearance and leave to enter or remain where the applicant has a criminal history or because of the person's character, conduct, or associations. The length of time for which refusal will remain appropriate will depend on the date and length of sentence imposed and the person's character, conduct, or associations.

- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com.