Your MP does not have any powers to cancel a removal/deportation, but if you have ‘new and compelling information’ they can try and make an intervention, asking a Chief Immigration Officer (CIO) or the Home Secretary 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. Find your MP at this website: http://www.parliament.uk/mps-lords-and-offices/mps/.
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.
Even better practice: Think wider, act sooner; read NCADC’s ‘Guide to setting up a public Anti-Deportation Campaign’ http://www.ncadc.org.uk/resources/index.htm
ADDITIONAL INFORMATION YOU MAY FIND USEFUL
Chapter 43 – MP’s representations: IND – Operation Enforcement Manual Section D – 19/05/0: http://www.ind.homeoffice.gov.uk/documents/oemsectiond/
43.1 Deportation cases
Once a Deportation Order 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.
43.2 Illegal entry and administrative removal cases where there has been a right of appeal before removal
Cases in this category will normally involve unsuccessful asylum applications or human rights allegations. In such cases removal will only be deferred when there is new and compelling information to take into account.
43.3 Making representations
In both categories, where MPs consider that new and compelling information has emerged, they may contact the Casework CIO or the Minister’s Private Office. In some cases, representations made to a CIO and rejected might be repeated to Private Office. In such instances, and those where an MP chooses to contact Private Office direct, a decision on removal will be taken by Private Office only after consultation with the appropriate caseworker and considerations as to whether the information provided by the MP is both new and compelling. Enforcement offices should handle all MPs cases urgently and deal directly with Private Office to ensure that no delays occur. Written requests for review or deferral from MPs received by LEOs should be answered by telephone in the first instance. If the MP requests a written reply, however, this must be replied to by OSCU.
In deportation and non-delegated authority illegal entry cases, the CIO should not make a decision on the representations before consulting the senior caseworker in the appropriate Removals casework team responsible for the case. In delegated authority cases, where there is no new and compelling information, there will normally be no need to refer to the relevant casework section, unless a written reply is required.
43.4 MPs representations received during weekends, public holidays and out of office hours
MPs representations received at LEOs during weekends, public holidays and out of office hours should be brought to the attention of an Inspector at the earliest opportunity. The Inspector may be able to reject a request for deferral in delegated and straightforward non¬delegated illegal entry cases, but deportation cases must always be referred to the relevant casework section (OSCU). Where consultation with other units and/or a written reply is required (see 42.3), any removal action should normally be deferred, and urgent contact made with the relevant casework section on the next working day. If a non-delegated illegal entry case was being removed over the weekend it would be advisable, where possible, for the LEO to contact the relevant casework section on the Friday before to ensure that staff at the LEO are aware of the necessary facts.
43.5 Illegal entry cases – no right of appeal
In cases of illegal entry where no right of appeal before removal exists and the MP considers that there is new and compelling information to be taken into account, he should be advised to contact Private Office. Removal will normally, but not automatically, be deferred for 5 working days for the MP to make written representations.
43.6 Time Limits and Detention
Ministers are keen that no one should be detained longer than necessary. MPs should be advised that if removal is deferred, 5 working days will be given to make written representations but where the individual is detained, tighter deadlines will need to be set. In practice, this will mean exchanges by fax between enforcement offices and Private Office to enable the representations to be considered quickly, which in some cases may enable the removal to proceed without deferral.