Select Committee on Constitutional Affairs Written Evidence


Annex B

ANTI-TERRORISM, CRIME & SECURITY ACT 2001—DETAINEES UNDER PART 4

  A table setting out the number of people who have been certified and detained under the Act and providing an update on their current position can be found on http://www.homeoffice.gov.uk/docs3/atcsa—detainees.html

DEPORTATION SINCE 1997
Case Date certificate receivedDecision
  1 Deport upheld but not removed
  2 Deport upheld lost on Art 3
  3 Deport upheld lost on Art 3
  428/10/02 Abandoned
  506/02/03 Withdrawn by S of S released from court
  605/12/02 18/02/05 upheld
  710/06/03 Withdrawn
  818/08/03 Withdrawn
  913/12/04 Pending
1016/02/01 Exclusion—lifted by S of S
11O27/12/02 Withdrawn by the S of S


  The names of the cases have been removed because it is Home Office policy to maintain confidentiality in immigration cases, for reasons of personal privacy and data protection.

  11 appeals received;

  1 S of S decision not to revoke a DO upheld

1 pending

2 withdrawn by appellants

2 decisions to deport withdrawn by S of S

1 appeal abandoned

2 deportations upheld but lost on Article 3

1 deportation upheld but not removed

1 appeal against exclusion (exclusion lifted by S of S)

  Of the 11 above, 1 is currently detained under the Immigration Act 1971 pending removal.

  No persons have so far been deported as a result of decisions which have been appealed to SIAC. Although the Home Office has been successful in three appeals against deportation, two of the appellants have not been removed because SIAC found that removal would contravene the ECHR, specifically Article 3. The other appellant was not removed because he was no longer regarded as a threat to national security at the conclusion of the appeal. This was the first appeal to SIAC and was tested as far as the House of Lords.

  These three cases are the only deportation appeals to have been fully heard by SIAC. We continue to take action against those who represent a threat to national security and make every effort to secure deportations. SAIC has recently upheld the decision of the Secretary of State to refuse to revoke a deportation order.

DEPRIVATION OF CITIZENSHIP

  1 appeal received

  Case 1, 17/04/03 appeal received, Adjourned at appellant's request

  Detained: initially under extradition powers, currently held in custody pending trial on criminal charges in the UK.





 
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