A/HRC/41/54/Add.4
84.
Operation Gull aims to detect and remove (where appropriate and lawful) immigration
offenders, including FNOs. Those removed will be persons who have no legal right to remain
in the UK (including cases where it is the intention to remove any existing legal basis to
remain, as part of the removal process).
85.
Any enforcement action is based upon objective information taken from Home Office
databases to confirm the nationality or evidence provided by the individual. All foreign
nationals are treated in the same way, regardless of whether they are an EEA national or a
non-EEA national. Once it is decided that a person is an immigration offender under the
Immigration Act 1971 or an EEA national not exercising treaty rights, then Schedule 2 of the
Immigration Act 1971 and the relevant Home Office immigration policies in force at the time
are applied. The criteria for High Harm are based on objective factors such as the type or
severity of the offence and not nationality or race.
86.
If an immigration offender cannot be removed from the UK for any reason, additional
sanctions may be considered and implemented, but these will not differ from the approach
adopted across the wider IE area.
87.
An interpreter is made available for those individuals that do not speak or understand
English. This ensures that foreign nationals that do not speak or understand English are not
placed at a disadvantage to those that do.
Northern Ireland
88.
Since the elections to the Northern Ireland Assembly held in March 2017 , the political
parties in Northern Ireland have been unable to form an Executive Committee in accordance
with the Northern Ireland Act 1998. As Government departments in Northern Ireland operate
in law under the direction and control of Ministers, the failure to appoint Ministers has meant
that departments have been constrained in the range of decisions they can take. While the
Executive Formation and Exercise of Functions Act 2018 has permitted decision taking by
Government officials in accordance with guidelines issued by the Secretary of State for
Northern Ireland, it is considered that responses from this administration to the
recommendations in the Report would require consultation with, and decisions by, future
Northern Ireland Ministers . The Report will be reviewed following the return of a
functioning Northern Ireland Executive and a response may be made at that time.
III. Conclusion
89.
In conclusion, we would like to thank Ms Achiume for her visit and her report and we
would like to assure her of the United Kingdom’s continued support for her mandate.
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