Member

35A: After Clause 41, insert the following new Clause— “Duty to deport illegal arrivals(1) The Secretary of State must make a deportation order against any person (“P”) to whom this section applies.(2) This section applies to any person who—(a) commits an offence under section 24 (illegal entry) or 24A (deception) of the Immigration Act 1971,(b) enters or arrives in the United Kingdom at a time when they are an excluded person within the meaning of section 8B of the Immigration Act 1971 (persons excluded from the United Kingdom under certain instruments), or(c) has had their asylum claim, protection claim or human rights claim rejected,on, after or before the day on which this section comes into force.(3) For the purposes of subsection (2)(b) the exceptions in subsection (5A) of section 8B of the Immigration Act 1971 (exceptions to section 8B) do not apply.(4) Where P has entered the United Kingdom unlawfully by means of sea crossing, a deportation order must be made against P as soon as P is detained under section (powers of detention for illegal entrants).(5) Where P is given a deportation order under this section the Secretary of State must make the necessary arrangements for the removal of P from the United Kingdom so as to ensure that P is removed from the United Kingdom within the period of one week beginning on the day that P is detained under section (Powers of detention for illegal entrants).(6) Where a deportation order is in force against P under this section, the Secretary of State must give directions for P’s removal to either—(a) a country of which P is a national or citizen providing that country is a safe country, or(b) where a country of which P is a national or citizen is an unsafe country, to a safe third country.(7) For the purposes of subsection (6)—(a) a country is a “safe country” if in general a person’s life and liberty would not be threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion;(b) a country is an “unsafe country” if in general a person’s life and liberty would be threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion;(c) A “safe third country” means a country of which P is not a national or citizen but is considered to be a safe country under this subsection.(8) Where—(a) a deportation order is in force against P under this section, and(b) P has a child (“C”) who was born in the United Kingdom after P entered the United Kingdom unlawfully,the Secretary of State must also make a deportation order against C.”Member’s explanatory statement This amendment would require the Secretary of State to deport, within one week, any person who entered the United Kingdom illegally or who has had their asylum claim rejected.