Letter from the UK Border Agency dated
1 November 2010
I am writing to provide the Committee with information
on our progress with deporting foreign criminals and our conclusion
of the caseload of historic asylum cases (legacy cases) since
my previous letter of 19 July 2010.
As with my letters to the previous Committee, the
information provided here is subject to revisions for the same
reasons I have set out to the Committee before regarding data
quality.
INTRODUCTION
1. We have consulted on a limit on non-EU economic
migration to the UK and I know that the Committee will be producing
a report. The Home Secretary expects to make an announcement by
the end of the year. We are working with our corporate partners
on ending the detention of children for immigration purposes and
exploring new ways to improve the current asylum system to speed
up the processing of applications.
2. In general, the position on new asylum cases
remains promising. Intake remains at a historic low, in contrast
to significant rises in intake experienced across the EU, including
in France and Germany. Since the start of the financial year,
we have seen a gradual and sustained increase in case conclusion
performance from 50% in September 2009 to 55% in February 2010.
The January cohort closed on 59%, the best non-June cohort since
the New Asylum Model (NAM) began. At the same time, NAM removals
have been on an upward trend since 2008. We are far from complacent
and recognise that much more needs to be done. We have set up
the Asylum improvement Project to increase productivity and speed
up the processing of applications. I do, however, believe that
we have a solid base of performance to build on.
3. This summer also saw an intensified period
of nationwide enforcement action by the UK Border Agency working
with the Serious Organised Crime Agency and police forces across
the country to crack down on a range of immigration offences including
illegal working, sham marriages, bogus colleges and organised
crime. Over 400 operations between July and September have resulted
in over 800 arrests with at least £500,000 cash seized under
the Proceeds of Crime Act (POCA). Many of these investigations
are ongoing.
FOREIGN NATIONAL
PRISONERS (FNPS)
Focusing on high harm removals
4. Published information shows that in the first
two quarters of 2010, we removed or deported 2,425[2]
foreign criminals from the UK. The total number of removals, deportations
or voluntary departures from the UK in the same period was approximately
29,1702.[3]
5. The criminals removed during this period included
33 individuals found guilty of murder, attempted murder or causing
death, over 160 sex offenders and over 800 drug offenders. Of
the drug offenders removed, almost 500 were convicted of the production
or supply of drugs, over 100 were convicted of possession with
intent to supply, and almost 200 were convicted of the importation
of drugs[4].
6. We are reviewing our current performance framework
in relation to how we manage our delivery of foreign national
prisoner removals. This will include moving to reporting performance
by financial year rather than calendar year. My
quarterly updates to the Committee in the future will be aligned
with this revised framework.
Foreign national prisoners released without consideration
for deportation
7. I am providing the Committee with the following
update on the progress we are making on the cases of the 1,013
foreign prisoners who in 2006 were found to have been released
without consideration for deportation. These figures are accurate
as at 22 October 2010.
No of cases concluded
Of whom x have been deported or removed
| Cases still going through the deportation process
| Number of individuals serving a custodial sentence
| Not located | Total
|
800
383 have been deported or removed
| 121 | 22 | 70
| 1,013 |
8. We continue to make steady progress with these cases despite
their age and complexity and we have removed a further five cases
since my last letter in July, including one drug offender who
had served a five year sentence. You will also note that three
more individuals have been located since I last reported, including
two drug offenders.
9. I have set out a detailed update on these cases in the
table below, broken down by seriousness of offence.
| Cases concluded |
(of which removals/deportations) | Cases going through deportation process
| Nos. Still serving custodial sentence
| Not located | Total
|
| Most serious | 40 | (28)
| 0 | 2 | 1 |
43 |
| More serious | 119 | (57)
| 17 | 6 | 3 |
145 |
| Other | 633 | (298)
| 104 | 14 | 66
| 817 |
| Duplicates | 8 |
| | | | 8
|
| Total | 800 | (383)
| 121 | 22 | 70
| 1,013 |
10. Details of the 417 concluded cases that did not result
in removal or deportation are as follows:
| Most serious |
More serious | Other
| Duplicates | Total
|
| Appeal allowed | 2 | 24
| 66 | | 92
|
| British citizen | 2 | 21
| 58 | | 81
|
| Irish citizen | | 2
| 8 | | 10 |
| Exempt | 4 | 2
| 16 | | 22
|
| Deport criteria not met | 2
| 8 | 107 |
| 117 |
| Other reasons | 2 | 5
| 80 | | 87
|
| Duplicates | |
| | 8 | 8 |
| Total | 12 | 62
| 335 | 8 | 417
|
11. You will note that the further two cases which have been
concluded but not removed are in the 'other' category of offence.
One of these individuals was allowed to stay following an allowed
appeal and in another case, deportation was not pursued in view
of strong grounds under Article 8 Human Rights.
Facilitated Return Scheme - Changes from 1 October
12. In my letter of 4 February to the Committee, I provided
details of the Early Removal (ERS) and Facilitated Return Schemes
(FRS). Due to the current economic situation it has been decided
to reduce the amount of assistance given to those who leave the
country under the Facilitated Return Scheme. The Facilitated Return
Scheme is a practical solution that not only saves the taxpayer
money in the long run, but also means foreign criminals are removed
as soon as possible denying them the opportunity to re-offend
or drag out the removal process with frivolous judicial challenges.
Every day that a foreign national is held in prison costs the
tax payer money - that is why they should be removed from the
UK at the earliest opportunity. As of 1 October 2010, those who
apply for and are accepted for the scheme will receive a payment
of between £750 and £1,500 to help them build a new
life on return to their home country. Individuals continue to
receive £500 on a pre paid card when they leave the UK. In
order to obtain the balance, they are required to contact the
International Organization for Migration within a month of return
to their home country with evidence of how they intend to use
the money (for example, accommodation, starting a business or
medical expenses).
13. We are removing more foreign national prisoners each year
during the ERS period and/or through FRS. It is estimated that
in 2010 approximately a third of all foreign national prisoner
removals will occur before the end of sentence. Although the impact
of the changes to FRS is unknown at this time, it is anticipated
that the scheme will continue to deliver significant foreign national
prisoner removals in 2010.
RESOLUTION OF
OLDER CASES
14. The UK Border Agency continues to make good progress in
clearing the asylum backlog and had cleared 334,500 cases at the
end of September 2010, which is an increase of 57,500 cases since
I updated you in July. Of the 334,500 cases, 42% were grants,
11% were removals, and 48% were "other" conclusions.
These rates continue to remain relatively stable.
CONCLUSIONS AS REPORTED TO HASC
15. We are determined that those who should not be in receipt
of support are taken off it and we have now concluded a further
8,100 supported people's cases (supported in the life of the Programme).
CONTROLLED ARCHIVE
16. There are now 18,000 cases in the concluded controlled
archive, in my previous letter I explained that there were around
20,000 cases that had been in the controlled archive for less
than six months. Some of these cases have now matured. We expect
this number to rise with 43,000 controlled archive cases reaching
the six month stage within the next reporting period and so a
significant amount of case work that has yet to be reported will
be reflected in my next update.
TRANSITIONAL COSTS
FUND
17. The agency has written to all Local Authorities with details
of the final reimbursement scheme that will be made available
to them to claim back additional costs that they have incurred
as a result of clearing the backlog.
OUTSTANDING MIGRATION
CASES
18. The estimated 40,000 outstanding migration cases continue
to be managed by a small team in Manchester and they have now
cleared 2,450 cases, which breaks down as 350 grants and 2,100
other conclusions.[5] The
majority of the other conclusions were cases where the person
had already been granted leave and the electronic record needed
updating. In addition, some of these cases had duplicated records
which have now been deleted. As work to clear the asylum
backlog draws to a close, the agency will devote more resource
to clear the non-asylum backlog by summer 2011.
WRITING OUT
TO APPLICANTS
19. All remaining legacy cases will have passed through the
cleansing "front-end" process by mid-December. This
means that the agency will have written out to the majority of
the remaining applicants by this time. This will confirm to applicants
that they are part of the backlog and also offer them the opportunity
to provide further information about their cases, All applicants
should therefore be very clear about the status of their case
at this point. I am confident that we remain on track to complete
the programme by summer 2011.
Annex A
CLEARING THE BACKLOG OF OLDER CASES—PROGRESS TO
DATE
(AS OF 30 SEPTEMBER 2010)
Table 1.1
CONCLUSIONS[6]
BY MAIN APPLICANT AND DEPENDANTS
| Total number concluded
| Of which, main applicants | Of which dependants
|
| Removals[7]
| 35,000 | 32,500 | 2,500
|
| Grants[8]
| 139,000 | 91,500 | 47,500
|
| Others[9]
| 160,500 | 141,000* | 19,500
|
| Total | 334,500 | 265,000
| 69,500 |
NB. Rounded to nearest 500. Figures may not sum due to independent
rounding. *Includes 8,000 concluded cases in live locations also
counted in this category
Table 1.2
CONCLUSIONS ON SUPPORTED[10]
CASES
| Main | 35,500
| |
| Dependants | 36,350
| |
| Total | 71,700[11]
| |
Rounded to nearest 50. Figures may not sum due to independent
rounding
REMOVALS AND
VOLUNTARY DEPARTURES
Table 2.1
REMOVALS AND VOLUNTARY DEPARTURES, BY AGE OF CASE
| Nationality | Total
|
| Turkey | 3,000 |
| Afghanistan | 3,000 |
| Iraq | 2,700 |
| China | 2,400 |
| Pakistan | 1,950 |
| India | 1,850 |
| Kosovo | 1,550 |
| Iran (Islamic Republic of) | 1,550
|
| Nigeria | 1,400 |
| Sri Lanka | 1,300 |
Rounded to nearest 50, count of People
Table 2 .2
REMOVALS AND VOLUNTARY DEPARTURES, BY AGE OF CASE
| Time to conclusion | Percentage
|
| Under 3 years | 23% |
| 3-7 years | 47% |
| 7 years + | 30% |
Rounded to nearest %. Figures may not sum due to independent
rounding
CONCLUSIONS FOR
ANOTHER RASON
Table 3.1
CONCLUSIONS FOR ANOTHER REASON[12],
[13]
| Type: | Total number concluded
| Of which, main applicants | Of which, dependants
|
| Duplicates | 7,000 | 4,500
| 2,500 |
| Errors | 112,500 | 101,500
| 11,500 |
| EU Nationals | 15,000 | 10,500
| 4,500 |
| Controlled Archive | 18,000
| 16,500 | 1,500 |
NB. Rounded to nearest 500. Figures may not sum due to independent
rounding
LEAVE TO
REMAIN IN
THE UK
Table 4.1
GRANTS, BY NATIONALITY (TOP 10 COUNTRIES)
| Nationality | Total
|
| Zimbabwe | 10,600 |
| Iran (Islamic Republic of) | 9,800
|
| Pakistan | 9,300 |
| Sri Lanka | 9,200 |
| China | 8,850 |
| Iraq | 8,200 |
| Somalia | 7,550 |
| Afghanistan | 5,950 |
| Nigeria | 5,200 |
| Turkey | 4,950 |
Rounded to nearest 50, count of Case ID
2
January to March 1,225; April to June 1,200. Source: Control of
Immigration: Quarterly Statistical Summary, United Kingdom - first
and second quarters 2010. This compares to 2,720 over the same
period in 2009 (after data cleansing). Back
3
January to March 15,040; April to June 14,130. Source as above. Back
4
The figures relating to offence types are based on internal management
information and should therefore be treated as provisional and
subject to change. Back
5
These figures are from local management information records which
are subject to change and are not national statistics. Back
6
Case conclusions: Cases are taken to a logical conclusion, including
removal, grant of a period of stay within the UK and closure of
the cases through updating of CID records where actions hadn't
previously been recorded. Back
7
Removals: Deportations, Extradition, Enforced Removals and Voluntary
Departures, assisted and unassisted - Commissioned by Case Resolution
Directorate. Count of People. Back
8
Case conclusions Cases are taken to a logical conclusion including
removal, grant of a period of stay within the UK and closure of
Grants: Cases granted some form of leave, be it limited or indefinite
commissioned by Case Resolution Directorate. Count of Case ID. Back
9
Others: In these cases Case Resolution Directorate has determined
that an action has occurred that led to a grant of some form of
leave, or removal that wasn't recorded on the Case Information
Database. This also includes duplicate cases that have been deleted
from Case Information Database. In all circumstances Case Resolution
Directorates actions have been to update or delete the Case Information
Database with the appropriate information: Count of Case ID, count
of Person ID. Back
10
Cases that were on support between 5 March 2007 and to date of
the report.
General: Conclusion data is sourced from the Case Information
database. Supported data is sourced from ASYS (Asylum Seeker Support
System) Back
11
In my previous letter I reported that the agency had taken 77,500
people off support. This has since been found to be incorrect
and the figure should have been 63,600 (29,750 main and 33,850
dependants). This error was due to a failure of an internal processing
function inbuilt within excel. which led to an over count This
issue has since been resolved and this over count will not occur
again. Back
12 Others:
In these cases Case Resolution Directorate has determined that
an action has occurred that led to a grant of some form of leave,
or removal that wasn't recorded on the Case Information Database.
This also includes duplicate cases that have been deleted from
Case Information Database. In all circumstances Case Resolution
Directorates actions have been to update or delete the Case Information
Database with the appropriate information: Count of Case ID, count
of Person ID. Back
13
In my previous letter I reported that the agency had taken 77,500
people off support. This has since been found to be incorrect
and the figure should have been 63,600 (29,750 main and 33,850
dependants). This error was due to a failure of an internal processing
function inbuilt within excel, which led to an over count This
issue has since been resolved and this over count will not occur
again. Back
|
