UK to deport Indians before appeals under expanded ‘Deport Now, Appeal Later’ scheme

The scheme originally applied to Finland, Nigeria, Estonia, Albania, Belize, Mauritius, Tanzania, and Kosovo.

India will be among 15 new countries whose nationals can be deported from the United Kingdom before they have the chance to appeal in person. The move comes as part of the UK Home Office’s plan to expand its 'Deport Now, Appeal Later' scheme from eight countries to 23, the Financial Times reported.

The policy, revived in 2023, allows certain foreign nationals to be removed first and participate in their appeal hearings remotely via video link, instead of remaining in the UK during the process.

Home Secretary Yvette Cooper defended the expansion, saying the policy targets foreign criminals who “exploit the immigration system” to delay removal for months or even years.

“Those who commit crimes in our country cannot be allowed to manipulate the system,” Cooper said. “We are restoring control and sending a clear message that our laws must be respected and will be enforced.”

• Normally, people refused permission to stay in the UK can remain while their appeal is decided.
• Under this policy, eligible individuals are removed to their home country first.
• Appeals are heard remotely, usually via video link.
• If successful, the person can return to the UK.

Initially introduced under the 2014 Immigration Act, the scheme applies to foreign criminals sentenced to at least 12 months in prison, provided removal does not cause 'serious irreversible harm' or breach human rights obligations.

The scheme originally applied to Finland, Nigeria, Estonia, Albania, Belize, Mauritius, Tanzania, and Kosovo.

According to FT, the expanded list will now include: India, Angola, Australia, Botswana, Brunei, Bulgaria, Canada, Guyana, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda, and Zambia.

Foreign Secretary David Lammy said the government is 'leading diplomatic efforts' to broaden the list further, adding that partnerships will 'uphold security and make our streets safer.'

The deportation policy expansion comes alongside new legislation that, from September, will allow foreign national offenders to be removed after serving 30 per cent of their sentence, down from 50 per cent.

Justice Secretary Shabana Mahmood said: “If you abuse our hospitality and break our laws, we will send you packing.”

Offenders serving life sentences, including terrorists and murderers, will not be eligible for early deportation.

• 5,200 foreign nationals deported since July 2024, up 14 percent year-on-year.
• Foreign offenders account for around 12 percent of the UK prison population.
• Cost of a prison place: £54,000 per year.
• £5 million allocated for specialist staff in nearly 80 prisons to speed up removals.

The Border Security, Asylum and Immigration Bill will allow removal of asylum seekers convicted of certain sex offences from refugee protection. Plans in the May Immigration White Paper will also limit the use of Article 8 of the Human Rights Act, the ‘right to family life,’ in deportation and asylum appeals.

Since July 2024, the Labour government says it has returned 35,000 people with no right to remain, increased illegal working raids by 50 percent, and boosted asylum decision-making by over 116 percent.