| 释义 |
deportation
n. The removal from a state of a foreign national. In the UK this is authorized in the case of any person who does not have right of abode by the Immigration Act 1971 (as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002) and by the UK Borders Act (2007). A foreign national may be ordered to leave the country in five circumstances: if he has overstayed or broken a condition attached to his permission to stay; if (he being 17 or over) a court recommends deportation on his conviction of an offence punishable with imprisonment; if he is convicted of a crime and sentenced to 12 months or longer in prison (see foreign national offenders); if the Secretary of State thinks his deportation to be for the public good; or if another person to whose family he belongs is deported. Appeals against deportation orders are made to the Immigration and Asylum Tribunal, except where the individual served with the order is held to be a threat to national security; in this case the appeal must be made to the Special Immigration Appeals Commission (SIAC) established under the Special Immigration Appeals Commission Act 1997. The Immigration Act 1988 restricts the right of appeal in the case of those who have failed to observe a condition or limitation on their leave to enter the UK. The Immigration and Asylum Act 2000, the Nationality, Immigration and Asylum Act 2002, and the Immigration, Asylum and Nationality Act 2006 all give additional powers to order those present in the UK without permission to leave, either when they have overstayed or obtained leave to remain by deception or when they were never granted leave to remain. The legislation also provides for the removal of asylum claimants under standing arrangements with EU member states (R v Secretary of State for the Home Department, ex p Khan [1995] 2 All ER 540 (CA)). Under the European Convention on Human Rights there is an absolute prohibition against deporting a person to a country where he risks being tortured. In international law the term expulsion is usually preferred to deportation in those cases where an individual’s legal right to remain is terminated by the state. See also Dublin Convention. |