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Facing imminent removal/deportation - involving your MP

Your MP does not have any powers to cancel a removal/deportation, but if 'new and compelling information has emerged, they may contact UKBA or the Minister's Private Office directly.'

UKBA may then agree to 'Defer' the removal to allow the case to be reviewed in light of the new information and any further representations from the applicant, his/her MP or a solicitor to be made.

In a late intervention an MP may be loath to present information that has already been considered by the Home Office or the court.

If you have been refused asylum (or have overstayed, or in the UK without permission) and facing imminent removal/deportation you may wish to involve your MP. The Home Office/Home Secretary will only respond to your constituency MP.

If you are in detention you can still involve your constituency MP. However if you are in detention and unable to engage your MP, you could contact the constituency MP for the detention centre.

There is no written definition of what exactly defines 'New and compelling information', however it could include compassionate circumstances, links with the community, the situation in your country recently deteriorating into civil strife, fitness to fly (including serious illness, advanced AIDS, severe mental health problems, etc).

If children are involved, the MP might mention how long they have been in the UK, if they have imminent exams, and a request to allow the children to finish their exams.

Best practice: If you have been refused asylum/applying for asylum, overstayed, or in the UK without permission, make an appointment with your MP. Take all appropriate documents with you.

You can contact your MP via House of Commons switchboard on 020 7219 3000 and ask for your MP by name. If you do not know their name then phone the House of Commons Information Office on 020 7219 4272

It matters not whether you are in the UK with permission or without permission, where you live the MP for that constituency is your MP and you can approach them for help.

You can also find your MP via, your postcode @ 'Right to them.com'
http://www.writetothem.com/

Below Chapter & Verse of UKBA guidelines on what MPs can do for you.

The guidelines are a living document and subject to change the information in this bulletin was correct @ 29th May 2011.


UKBA Enforcement Instructions and Guidance - Chapter 59 Members of Parliament (MP's) representations

Chapter 59 - Index
59. Members of Parliament (MP's) representations
59.1. MPs' representations when RDs are in place
59.2. MP's representations when there are no RDs in place
59.3. MP's representations received during week-ends, public holidays and out of hours
59.4. Time Limits and Detention
59.5. Cases where there has been an in country right of appeal
59.6. Cases where there has been no in country right of appeal
59.7. MP's request for deferral of removal in Deportation Cases

59. Members of Parliament (MP's) representations
Where an MP considers that new and compelling information has emerged, they may contact UKBA or the Minister's Private Office directly. In some cases, representations that are made to the UKBA and rejected might be repeated to the Minister's Private Office.

59.1. MPs' representations when RDs are in place
Where an MP chooses to contact the Minister's Private Office directly and RDs are in place for removal within the next 5 days, a decision on removal will be taken by the Minister's Private Office only after consultation with OSCU. OSCU will consider whether the information provided by the MP is both new and compelling.

Enforcement offices should handle all MPs' cases where RDs are in place urgently and refer the case immediately to OSCU where removal is to take place within the next 5 days to ensure that no delays occur. If the representations are made by phone the MP can be referred to the M P Removals Representation Desk in OSCU. Any written representations from an MP should be immediately faxed to OSCU.

In those urgent cases referred to above, OSCU will deal with any written representations in one of two ways:

- by drafting a reply for the Minister;

or in cases which do not require Ministerial sign off

- by sending an official reply.

In either event OSCU will *fax the LEO a copy of the signed reply and inform them that RDs can
remain in place. If the Minister is unavailable to sign off a response prior to removal it is possible that RDs will have to be deferred. In such cases it may be possible to keep the individual detained and arrange for a reply to be signed off as soon as the Minister becomes available. This would enable RDs to be reset without delay. In these circumstances OSCU will keep the LEO apprised of the situation. Similarly, in those cases where it is considered that the information supplied by the MP is sufficiently compelling to justify deferring removal the LEO will be informed by fax by OSCU.

In all cases where MPs' representations are received and RDs are in place for removal within the next 5 days all correspondence must be relayed through OSCU. The LEO should not liaise directly with the Minister's Private Office. If the Minister's Private Office contacts the LEO they should be informed that they must first notify OSCU and OSCU will then notify the LEO. When RDs are in place it is very important that all information is channelled through one office i.e. OSCU. If OSCU are not informed of any barriers, decisions or undertakings the potential to miss an important piece of information is increased as are the chances of an illegal removal.

*It is the responsibility of the individual LEO to ensure they have a system in place whereby their fax machines are checked at shift start and end times and if appropriate, during out of office hours for any such correspondence.

59.2. MP's representations when there are no RDs in place
Written representations from MPs' are received by UKBA either directly or via the core Home Office. They are scanned onto the correspondence tracking system and allocated to the appropriate unit dealing with the case to reply.

MPs are instructed to phone the MPs' hotline Monday to Friday 09:00hrs to 18:00hrs and OSCU between 18:00hrs and 21:00hrs on weekdays and on the weekends and public holidays. A new out of hours service provided by the command and control unit in Manchester will deal with representation at other times.
Late representations are normally sent by Private Office directly to OSCU or the MPs' hotline to allocate.

59.3. MP's representations received during week-ends, public holidays and out of hours
OSCU is open 365 days a year and its hours of operation are 07:00hrs to 21:00hrs on weekdays and 07:00hrs to 19:00hrs on weekends and public holidays. If an MP contacts an LEO by phone outside these hours about a case where removal is imminent they can be referred to the Command and Control Unit which is open 24 hours a day.

If written representations are received by an LEO outside these hours and the removal is due to take place before OSCU reopens, the RDs should normally be deferred.

59.4. Time Limits and Detention
If RDs are set and MPs' representations are received OSCU should advise the MPs Constituency Office immediately if it is considered appropriate to defer the removal. The LEO must also be informed if they were not the unit who received the representations.

There are no specific timescales set for the deferral period as the nature of the representations and the individual circumstances of the case will dictate how long this should be. In practice, this will mean exchanges by fax between the LEO, OSCU and the MPs Constituency Office to enable the representations to be considered quickly.

When the representations have been answered the MPs Constituency Office should also be advised if and when removal action will commence again. In cases where the representations do not necessitate the deferral of the removal the MPs Constituency Office should be advised immediately.

59.5. Cases where there has been an in country right of appeal
This would normally cover cases where there have been unsuccessful asylum applications or human rights allegations. In such cases the individual and/or their representatives will have had the opportunity to raise any compassionate or mitigating circumstances at any stage throughout the respective process. In such cases RDs will only be deferred when there is new and compelling information that has not been previously considered.

59.6. Cases where there has been no in country right of appeal
This would normally cover cases of illegal entry and administrative removal. In such cases the individual may not have had the opportunity to raise any compassionate or mitigating circumstances or any human rights allegations. In instances such as these removal directions may have to be deferred for consideration of the facts. However, each case will need to be considered on its individual circumstances.

59.7. MP's request for deferral of removal in Deportation Cases
Once a DO has been signed, requests by an MP for deferral of removal will only be granted exceptionally and if there is new and compelling information which was not available at the time the order was signed. The circumstances of the case must be referred to CCD for consideration.

Last Updated: 18 May 2011
Detention and Removals - Chapters 46-61
Can be found here . . . .

Chapter 59 : This manual contains guidance and information for officers dealing with enforcement immigration matters within the United Kingdom.

We have sought to present this manual in a form suitable for public disclosure but there is a small amount of material that cannot be disclosed because it may damage the effectiveness of the immigration control.

The masculine form is used throughout the manual to mean both he and she. The manual is a living document and is subject to change. Some sections may be unavailable if they are currently being updated.

 

Last updated 8 November, 2011