Sadiq Khan – 2014 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Sadiq Khan on 2014-04-08.

To ask the Secretary of State for the Home Department, what the average length of time spent in prison awaiting deportation for those foreign national prisoners beyond the end of their sentence was in the latest period for which figures are available.

James Brokenshire

The average length of time Foreign National Offenders (FNOs) were held in
prison beyond the end of their sentence pending deportation, as of 31 December
2013 is 234 calendar days. This is the mean average, calculated using the table
shown below which was provided in response to PQ 195817.

It should be noted that the small number of FNOs who fall in the 24-60 and 60+
months categories (45 individuals out of 850) heavily skew the mean. By way of
context, the modal average length of time in prison for the same cases is 32


1. All figures quoted have been derived from management information and are
therefore provisional and subject to change. This information has not been
quality assured under National Statistics protocols.
2. Figures relate to main applicants only.
3. Figures relate to FNO cases who met the criteria for deportation only.
4. Figures rounded to the nearest 5 ( – = 0, * = 1 or 2) and may not sum to the
totals shown because of independent rounding.
5. Data is a snapshot of individuals detained in prison on 31 December 2013.

We make every effort to ensure that a person’s removal by deportation
coincides, as far as possible, with his/her release from prison on completion
of sentence. Where a detainee refuses to cooperate with the removal or
deportation process, detention may be prolonged.

The Immigration Bill will have a significant impact on the ability of FNOs to
delay removal by mounting legal challenges whilst in the UK. The current
appeals system means that 17 different types of decision can be appealed. The
Immigration Bill will simplify the appeals system and mean that appeals can
only be brought where the Home Office has refused a protection (asylum or
humanitarian protection) claim, a human rights claim or a claim based on EU
free movement rights. It will also give us the power to certify that where
deportation will not cause serious irreversible harm, the appeal will be heard
after the FNO has left the country.