Administrative removal: Difference between revisions
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{{globalize/UK|date=December 2010}} |
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In United Kingdom [[immigration law]], '''administrative removal''' is the process of removing a person who does not qualify for admission to United Kingdom. In certain circumstances it can also refer to expelling an individual who has, for example, [[Illegal immigration|entered a country illegally]], overstayed their permission to stay or who is working without permission. |
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==United Kingdom law== |
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Under [[United Kingdom]] immigration law, a person refused entry is administratively removed under powers conferred under Schedule 2 of the [[Immigration Act 1971]] as applied by the [[Immigration Rules]]. The decision to refuse is taken by an [[Immigration Officer]] with the authority of a Chief Immigration Officer or [[Immigration inspector]]. There is no court order and the decision is not ordinarily subject to a right of appeal or further legal scrutiny. Similar Powers exist with regard to persons who have entered the United Kingdom who are subsequently deemed to be in breach of the law. |
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Because the decision to administratively remove a person is not a [[judicial]] decision, it should not be confused with [[deportation]], where a decision to deport a subject from the United Kingdom is personally endorsed by the [[Home Secretary]], usually in response to a recommendation from a [[court]] following a [[Conviction (law)|conviction]] or on public security grounds. |
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== References == |
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*[http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/chapter51?view=Binary Administrative Removal Procedures] |
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*[http://www.migrationwatchuk.org/briefingPaper/document/198 Deportation and Administrative Removal] |
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*[http://www.yourrights.org.uk/yourrights/rights-of-immigrants/arrest-detention-and-removal.shtml Arrest, detention and removal] |
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*[http://www.mosquedalaw.com/IMM%2080.htm FORMS OF REMOVAL: ADMINISTRATIVE, EXPEDITED AND EINSTATED] |
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== See also == |
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*[[UK Immigration Service]] |
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*[[Visa policy of the United Kingdom#United Kingdom visa requirements]] |
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{{DEFAULTSORT:Administrative Removal}} |
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[[Category:Immigration to the United Kingdom]] |
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[[Category:Immigration law]] |
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[[de:Abschiebung]] |
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[[fr:Reconduite à la frontière]] |
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Revision as of 22:18, 12 September 2011
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