Written question asked by James Clappison (Conservative) on Thursday, 30 October 2008, in the House of Commons. It was due for an answer on Tuesday, 4 November 2008. It was answered by Phil Woolas (Labour) on Monday, 10 November 2008 on behalf of the Home Office.

Immigration: Criminal Records

Question: To ask the Secretary of State for the Home Department pursuant to the Answer of 23 October 2008, Official Report, column 514W, on immigration: criminal records, what the policy is of the Government on the grant of indefinite leave to remain under the legacy exercise to individuals with criminal convictions; where (a) on the website referred to and (b) elsewhere the policy is explained; and for what reason her Answer did not set out the Government's policy.

Answer: [holding answer 4 November 2008]: The Case Resolution Directorate applies a range of existing UK Border Agency policies when considering cases within the legacy. All cases within the legacy are checked for criminality before any decision is made. Deportation of individuals with criminality is considered in line with Chapters 11 to 15 of the published Enforcement Instructions and Guidance on the UK Border Agency's website at:"http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/oemsectionb/"If there is criminality, but deportation is not pursued and there are no outstanding applications or asylum or human rights issues, consideration will be given to criminal records in line with the extenuating circumstances as described in Chapter 53 of the published Enforcement Instructions and Guidance on the UK Border Agency's website at:"http://www.homeoffice.gsi.gov.uk/ind/manuals/enforcement guidance/Resources/Detention_and_Removals/Guidance/Chapter53.doc"Copies of the chapters referred to will be placed in the House Library.

Secondary information

Type: Written question
Reference: 482 c803-4W; 233093
Session: 2007-08
Related items: Immigration: Criminal Records
Thursday, 23 October 2008
Written questions
House of Commons
Subjects: Criminal records Migrants Vetting
Link: View this Written question on www.publications.parliament.uk