Administrative removal

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In immigration law, administrative removal is the process of removing a person who does not qualify for admission to a particular country or territory. In certain circumstances it can also refer to expelling an individual who has, for example, entered a country illegally; overstayed their permission to stay or who is working without permission.

United Kingdom

Under United Kingdom immigration law, a person refused entry is administratively removed under powers conferred under Schedule 2 of the Immigration Act 1971 as applied by the Immigration Rules. The decision to refuse is taken by an Immigration Officer with the authority of a Chief Immigration Officer or Immigration inspector. There is no court order and the decision is not ordinarily subject to a right of appeal or further legal scrutiny. Similar Powers exist with regard to persons who have entered the United Kingdom who are subsequently deemed to be in breach of the law.

Because the decision to administratively remove a person is not a judicial decision, it should not be confused with deportation, where a decision to deport a subject from the United Kingdom is personally endorsed by the Home Secretary, usually in response to a recommendation from a court following a conviction or on public security grounds.

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