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Undocumented Migrants: English Channel

Answer

Under existing legislation, an individual convicted of a particularly serious crime, resulting in a custodial sentence of 12 months or more, and who is considered a danger to the UK, will be denied asylum and will be considered for removal from the UK.

With the passage of the Nationality and Borders Act 2022, the maximum sentence for facilitating a breach of immigration law, or “facilitation”, was raised to life in prison. Small boats pilots fall into this category of offender so aggravated cases, where there is an elevated level of harm and / or culpability identified, will likely receive a sentence in excess of 12 months. In cases where there is insufficient evidence to secure a facilitation charge, it is highly likely that a prosecution for illegal arrival will be sought. Similarly, in higher-end cases, the sentence for this will also likely be over 12 months on conviction.

Secondary information

Type

Written question

Reference

58569

Session

2024-26

Subjects

Boats Undocumented migrants English Channel

Link

View this Written question on www.parliament.uk