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If you are an EU/EEA national
You should have no problems gaining entry to Britain. EU law
restricts the powers of immigration authorities to refuse you
entry and there is no effective control of entry for EU
nationals.
If you are charged and convicted of a criminal offence, it is
possible that a deportation order (D.O.) could be made against
you. However this is unlikely unless you have committed a very
serious offence. D.O.s should only be made in relation to EU/EEA
nationals if they represent a 'present threat to the
fundamental interests of society’. You have the right of
appeal in respect of any deportation proceedings whether
initiated through the criminal courts or administratively
although you could be held on remand throughout the appeal
process.
If you are not a national of one of the EU/EEA states
You should think about how to answer any questions that may be
put to you on arrival about the purpose of your stay. You
should also think about the contents of your luggage in case
your bags are searched. Make sure you have the required visa
if you need one! Even if you have a visa, or if you do not
need a visa, you can be refused entry on arrival. The two
grounds for refusal which could apply to DISARM DSEi
participants are:
If exclusion from the UK is conducive to the public good.
The Home Secretary can make an order to this effect, or an
immigration officer can decide to exclude you when you arrive.
Refusal of entry is most often applied to known drugs dealers
but it could be used against activists if their intentions are
known to the authorities.
If you have a criminal record in any country for an offence
which would be punishable in Britain with 12 months or more in
prison. Clearly, this may apply to some activists! If you
need a visa, you will be asked about your criminal record on
the application form. If you do not need a visa, then you
probably won't be asked about this, which will probably mean
that the immigration authorities will not know. If you are
refused a visa, another option is to enter through Eire.
Proceedings to deport you from Britain on 'conducive to the
public good' ground could be brought even after entry if you
come to the attention the authorities. You would have the
right of appeal against a decision to deport you. If you are
charged and convicted of a criminal offence, then the Judge
can make a recommendation to the Home Secretary when you are
sentenced that you be deported. You have to be given seven
days written notice that the Judge is considering making such
a recommendation. A Judge's recommendation can be appealed
within the criminal justice system, as an appeal against
sentence. The Home Secretary makes the final decision about
whether to follow the recommendation and sign a Deportation
Order (D.O.) and decide to bring 'conducive to the public
good' deportation proceedings even if the Judge made no
recommendation.
Some people might feel it is better to leave the country
voluntarily if a D.O. seems likely, but this can be difficult
if you are in prison! The disadvantage of a D.O. is that it
remains in force even after you have left Britain, and to come
back you have to apply for it to be discharged, and this is
usually only done after three years, or when your criminal
conviction is 'spent', whichever is longer. In effect, a D.O.
means you will not be able to legally come to Britain for more
than three years. It is less likely that a D.O. would be
considered or made if you are only charged with a minor
criminal offence. However, if you have committed lots of minor
offences, or an offence at the more serious end of the
spectrum, it becomes more likely that a D.O. will be made.
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