Automatic deportation of foreign criminals meaning

In UK practice, automatic deportation describes the Home Secretary’s statutory duty to make a deportation order against certain non‑British offenders, unless a statutory exception applies. The duty is created by the UK Borders Act 2007, sections 32–33, which define a “foreign criminal” as a person who is not a British citizen, is convicted in the UK, and is (among other categories) sentenced to at least 12 months’ imprisonment or convicted of a specified serious offence. The regime applies across England & Wales, Scotland and Northern Ireland (immigration being reserved to the UK Government), and is routinely considered by criminal and immigration practitioners at and after sentence. Key exceptions include where deportation would breach the European Convention on Human Rights (for example, Articles 3 or 8) or the Refugee Convention; other statutory exceptions are set out in section 33. Individuals can advance protection or human rights claims and may appeal to the Immigration and Asylum Chamber, where proportionality is assessed. In Ireland, there is no equivalent automatic regime. Deportation is a discretionary decision of the Minister for Justice under the Immigration Act 1999, taken case by case and subject to constitutional rights, the European Convention on Human Rights and the prohibition of refoulement.