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Deportation with Assurances

The Government’s preferred approach to dealing with individuals who pose a terrorist threat to the UK is to prosecute them. There are, however, occasions where this is not possible, or those convicted and are at the end of their sentence continue to pose a terrorist threat to the UK. Where the person concerned is not a British citizen another option is to deport them from the UK, relying on the long-standing right of states to regulate the entry and stay of foreign nationals.

However, even when a foreign national is assessed to be a threat to the national security of the UK, he or she can only be removed from the UK if this is consistent with the UK’s domestic and international obligations; in particular Article 3 (prohibition of torture) as well as articles 5 (the right to liberty & security) & 6 (the right to a fair trial), of the European Convention on Human Rights (ECHR). The UK does not seek to balance the public interest served by a removal with any risk to the rights of an individual as set out in Article 3 the ECHR. The UK Government would never seek to deport if such an action undermined its absolute commitment to our human rights obligations, including the risk of death penalty. Therefore, in certain circumstances the UK will seek public and verifiable assurances from a foreign government to ensure that an individual’s human rights will be respected on their removal, a policy known as Deportation with Assurances (DWA).  DWA arrangements with foreign governments set out general assurances on matters such as treatment upon return, whether in detention or otherwise, and access to justice. Within these framework arrangements, the UK Government will then seek specific and tailored assurances for each individual on a case by case basis. Such DWA arrangements also provide for post-return monitoring of individuals returned under the programme.

DWA enables the UK to deport individuals involved in terrorism in order to protect the British public in a way that is consistent with our values and belief in the importance of promoting and protecting human rights around the world. If the individual chooses to appeal against the decision to deport him from the UK he can appeal to the Special Immigration Appeals Commission (SIAC), a specialist tribunal established in 1997. DWA arrangements are public documents.  The UK currently has operational DWA Memoranda of Understanding with Jordan, Ethiopia, and Lebanon and an Exchange of Letters between the former Prime Minister and the President of Algeria on DWA with Algeria.

Although an MoU was signed with Libya in 2005, it has not been operational since 2008 and no Libyan nationals have been deported under it.

The UK Government is committed to extending the programme of DWA with new countries, as set out in CONTEST 2011, the UK’s strategy for countering terrorism. CONTEST also makes clear that we will use a flexible approach to putting assurances in place.  While framework MOUs provide a strong basis for negotiating individual assurances we will, if and where appropriate, consider seeking individual assurances without an overarching arrangement.

On 24 September The UK signed a framework Memorandum of Understanding on DWA with Morocco. British and Moroccan officials are negotiating the remaining elements of the arrangement along with a number of other judicial agreements and we will publish further details when this process is complete.

The Home Office leads on DWA policy, in close cooperation with the FCO, the UK Border Agency and other Departments.