Border Force Policy Implementation
5thFloorGreenPark House
29 Wellesley Road
Croydon
CR0 2AJ
Amrit
(mailto:)
by email / Web
20 November 2009
Ref. F13190

Dear Amrit

Thank you for your email of 23 October,in which you requested information relating to the definition and application of paragraph 320 (18) of the Immigration Rules along with the total number of people refused entry to the United Kingdom under this paragraph during 2009. You have also asked whether certain specific criminal offences fall under paragraph 320 (18) and you have asked for a list of the countries where people were refused entry under this paragraph. This falls to be dealt with under the Freedom of Information Act 2000.

Paragraph 320 (18) of the Immigration Rules provides Border Force Officers with the power to refuse entry to passengers who have been convicted of a criminal offence within the United Kingdom, which attracts a prison sentence of 12 months or more. In addition, this paragraph gives Border Force Officers the power to refuse entry to passengers convicted abroad of a criminal offence that would attract a prison sentence of 12 months or more had it been committed within the United Kingdom.

The Immigration Rules can only be applied by the UK Border Agency to cases involving nationals of states which are outside the European Economic Area and decisions taken under paragraph 320(18) do not attract an in country right of appeal under these Rules. The Immigration Rules have been drafted in accordance with the Immigration Act 1971. They can be accessed via the UK Border Agency website at:

I note that within your request you list a number of specific criminal offences and ask whether they would be covered under paragraph 320 (18) of the Immigration Rules. As explained above, paragraph 320 (18) defines the criteria as those offences which attract a prison sentence of 12 months or more.

You also asked for the number of passengers refused entry under this paragraph during 2009 and enquired as to the nationality of each passenger refused on these grounds this year. In response, I have obtained the refusal data relating to this particular paragraph for the period starting 1 January and ending 31 October 2009. This data has been collated from local management records held by the UK Border Agency, which does not meet the standards for published National Statistics data. It should be treated as provisional and subject to modification and/or change. I attach this information below:

Nationality: / Refused Leave to Enter: / Grand Total
Algeria / 1 / 1
Australia / 1 / 1
Brazil / 1 / 1
Canada / 1 / 1
India / 2 / 2
Jamaica / 3 / 3
Myanmar / 1 / 1
New Zealand / 1 / 1
Nigeria / 4 / 4
Pakistan / 1 / 1
Paraguay / 1 / 1
Philippines / 2 / 2
Refugee - Article 1 of the 1951 Convention / 2 / 2
Sierra Leone / 1 / 1
United States of America / 4 / 4
Grand Total / 26 / 26

If you are dissatisfied with this response you may request an independent internal review of our handling of your request. Internal review requests should be submitted within two months of the Border and Immigration Agency sending a substantive reply to your original request and should be addressed to:

Information Access Policy Team

(Freedom of Information)

11th floor - short corridor

Lunar House

40 Wellesley Road

Croydon

CR9 2BY

During the independent review the department’s handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Yours sincerely

C. Moffitt

Chief Immigration Officer