Question to the Home Office:
To ask Her Majesty's Government what steps they are taking to remove the threat of deportation from those people of Commonwealth parentage who were born after the introduction of the British Nationality Act 1983 and who were subsequently denied British citizenship.
Under the UK Borders Act 2007, the Secretary of State has a legal duty to make a deportation order in respect of a foreign criminal sentenced to a period of 12 months or more imprisonment. This is subject to a number of exceptions, including where to do so would breach a person’s ECHR rights or the UK’s obligations under the Refugee Convention.
We have no plans to make changes to the UK Borders Act 2007 or Article 8 public interest considerations which were approved by Parliament during the passage of the Immigration Act 2014.
A child of a Commonwealth national, born after 1 January 1983, can apply to the Windrush Scheme for evidence of their immigration status. Unless they are liable to deportation on grounds of criminality, they will not be removed from the UK.