Repatriation
This page contains links to information relating to the removal of foreign patients. Detained patients can be repatriated by the following methods, where applicable:
| Method of repatriation | Figures from House of Lords written answer dated 23/6/10 |
|---|---|
| s86 Mental Health Act 1983 | Two patients were repatriated by the Secretary of State under Section 86 in 2007, and one in 2009. All three were restricted patients. |
| Deportation under Immigration Act 1971 | Nine restricted patients were deported in 2007, 11 in 2008 and 12 in 2009. To date, two have been deported in 2010. |
| Repatriation of Prisoners Act 1984 | No patients have been repatriated under the 1984 Act in the past three years. |
| As a condition of a conditional discharge | In 2008, one restricted patient was repatriated by means of conditional discharge. |
The Mental Health and Public Protection Group at the Ministry of Justice operate the repatriation provisions of the Mental Health Act. The Home Office bears responsibility for immigration. Repatriation can be carried out either under the Immigration Act 1971 or the Mental Health Act 1983 (R (X) v SSHD [2000] EWCA Civ 311). The use of conditional discharge to facilitate discharge is lawful (R (MJ (Angola)) v SSHD [2010] EWCA Civ 557).
Cases
See Category:Repatriation cases.
See also
UK Borders Act 2007 — This Act is relevant to mental health in that it affects whether the deportation of a foreign criminal detained under the Mental Health Act 1983 is conducive to the public good.
External links
- Ministry of Justice: Advice on the repatriation of foreign national restricted patients - 11 January 2007 - "Advice from the Mental Health Unit's casework manager on what Responsible Medical Officers should consider when dealing with foreign national restricted patients."
- Home Office, 'Policy Equality Statement: Policy on the immigration detention of those suffering from mental health problems' (27/11/14) . Extract from website: "In March 2012 the Home Office made a commitment to the High Court to undertake an equality impact assessment of its policy on detaining people with mental health problems. This policy equality statement fulfils that commitment and has been informed by consultation with various stakeholders."
INFORMATION
What links here:
- MHA 1983 s86
- UK Borders Act 2007
- Immigration Act 1971
- R v Kluxen [2010] EWCA Crim 1081
- Repatriation of Prisoners Act 1984
- R (VC) v SSHD [2016] EWHC 273 (Admin), [2016] MHLO 7
- ARF v SSHD [2017] EWHC 10 (QB)
- R (ASK) v SSHD [2017] EWHC 196 (Admin)
- Korcala v Polish Judicial Authority [2017] EWHC 167 (Admin)
- BA v SSHD [2017] UKAITUR IA343212013
- SSHD v KE (Nigeria) [2017] EWCA Civ 1382
- R (VC) v SSHD [2018] EWCA Civ 57
- LMN v Government of Turkey [2018] EWHC 210 (Admin)
- Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin)
- R (Adegun) v SSHD [2019] EWHC 22 (Admin)
- R (JS) v SSHD [2019] UKUT 64 (IAC)
- R (ASK) v SSHD [2019] EWCA Civ 1239
- AM (Afghanistan) v SSHD [2017] EWCA Civ 1123
- SSHD v MZ [2020] UKUT 225 (IAC)
- Re UR: Derby City Council v NHS Derby and Derbyshire CCG [2021] EWCOP 10
- AO v Home Office [2021] EWHC 1043 (QB)
- Navaraththinam v Entry Clearance Officer Colombo [2021] UKAITUR HU135462019
- FXJ v SSHD [2022] EWHC 1531 (QB)
- Platt v High Court of the Republic of Ireland [2024] EWHC 1821 (Admin)