More foreign criminals will have their appeals heard from abroad, preventing them from gaming the system to delay their deportation from the UK, in the latest step to restore order to the UK’s immigration system as part of the Government’s Plan for Change.
The scope of the ‘Deport Now Appeal Later’ scheme will be nearly trebled from eight countries to 23, with foreign nationals from those countries (listed below) now expected to be deported to their home countries before they can appeal against that decision, increasing the UK’s ability to remove foreign criminals at the earliest opportunity, and easing pressure on the detention and prison estate.
Under the expanded scheme, foreign nationals who have had their human rights claim refused will be removed from the UK to their home country before they can appeal the decision. Individuals can then take part in their UK appeal hearing from overseas using video technology.
Previously, offenders from the countries in question could remain in the UK for months or years while their cases were worked through the appeals system, placing a burden on the taxpayer even beyond the end of their prison sentence. The Government is in continuous discussions with a range of other countries about joining the scheme.
This represents the Government’s latest tool in its comprehensive approach to scaling up our ability to remove foreign criminals. This has seen almost 5,200 removed since July 2024 – an increase of 14% compared to the same 12 months prior and builds on wider action to deliver on the British public’s priorities for safer streets and secure borders through our Plan for Change.
On Sunday, further measures were announced to allow foreign national offenders to be deported immediately after sentencing, saving taxpayer money by removing more foreign criminals directly from our prisons.
In addition, the Home Office is legislating to ensure that asylum seekers who commit notifiable sex offences can be stripped of their right to claim refugee protections under new powers in the Borders Security, Asylum & Immigration Bill.
We have also invested £5 million for the deployment of specialist staff to almost 80 jails with one clear mission – speeding up removals.
Home Secretary, Yvette Cooper said:
For far too long, foreign criminals have been exploiting our immigration system, remaining in the UK for months or even years while their appeals drag on. That has to end. Those who commit crimes in our country cannot be allowed to manipulate the system, which is why we are restoring control and sending a clear message that our laws must be respected and will be enforced.
Foreign Secretary, David Lammy, said:
We are leading diplomatic efforts to increase the number of countries where foreign criminals can be swiftly returned, and if they want to appeal, they can do so safely from their home country. Under this scheme, we’re investing in international partnerships that uphold our security and make our streets safer.
In addition to the measures set out above, the government’s Immigration White Paper in May has also set out new plans to tighten the rules around how Article 8 of the Human Rights Act – the ‘right to a family life’ – may be used when appealing against deportation orders or the rejection of asylum claims, to ensure that the UK’s immigration rules are no longer abused.
These measures support the Government’s Plan for Change mission to secure borders through systematic immigration reform. The approach includes returning 35,000 people with no right to remain since July 2024, surging illegal working raids and arrests by 50%, and increasing asylum decision-making by more than 116%.
