TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 43

187. However long those affected by this restriction have been in the United Kingdom, the Secretary of State is still required under the Immigration Rules to consider in every case all relevant factors, including compassionate circumstances, before deciding on deportation. It is still also the position that, under the Immigration Act 1971, a deportation order may not be made against a person while an appeal is pending, or while an appeal may still be brought against the decision to make a deportation order. This applies whether the appeal is to a higher court or to the independent appellate authorities, where administrative powers are being used. Furthermore, a deportation order may not be enforced against a person who has appealed against the destination to which he is to be deported until that appeal has been determined.

188. The number of persons removed under the deportation powers in the years 1986 to 1988 is set out in the table below, which illustrates the increased use of supervised departure and the increased effectiveness of procedural changes introduced in August 1988. Supervised departure as an alternative to deportation has always been available under the 1971 Act, and was used to remove persons liable to deportation provided that there was no overriding reason to make a deportation order to ensure that the person did not return to the United Kingdom. The procedures can be invoked only if the individual is willing to return to his own country, and he can benefit from the arrangements because he does not need to remain in detention while a deportation order is obtained. There are also administrative benefits in that the procedure does not involve obtaining a deportation order from the Home Secretary and, of course, relieves the pressure on detention accommodation. Its use was restricted, however, because the financial authority to meet the cost of supervised departure was limited to court recommendation cases; in other cases the individual had to meet the cost of his supervised departure.

Removal under deportation powers

Deportation orders enforced

Departures under supervision

1986

1987

1988

738

776

745

80

147

643

818

923

1 388

189. In order to implement the provisions of the 1988 Act to best effect, the Home Secretary also agreed that, although the Deportation Section of the Home Office should continue to retain overall responsibility for deportation work, responsibility should be delegated also to the Immigration Service to issue notices of intention to deport in cases where persons in breach of their conditions were traced in the field, to detain, to issue restriction orders where necessary and to authorize supervised departure if the potential deportee chose not to exercise his appeal rights and was willing to leave the country. These powers may be exercised at not less than inspector level in the Immigration Service.