Written question asked by Lord Cameron of Lochiel (Conservative) on Monday, 20 July 2026, in the House of Lords. It was due for an answer on Monday, 3 August 2026. It was answered by Lord Hanson of Flint (Labour) on Monday, 3 August 2026 on behalf of the Home Office.

Deportation

Question: To ask His Majesty's Government what test will be applied in determining whether the effect of a person’s deportation on their partner or child would be "unduly harsh" under section 117C of the Nationality, Immigration and Asylum Act 2002, as amended by clause 20 of the Immigration and Asylum Bill.

Answer

In respect of offenders sentenced to less than four years, the current Article 8 regime allows a deportation decision to be made with consideration to only the impact on the criminal or their family. Clause 20 changes this so that account must be taken of the wider public interest in deportation. The actual test in relation to unduly harsh will reflect current case law requiring the need to demonstrate a significant interference with family life.

However, the new s117C framework will thereafter allow a person’s criminal and immigration history to be considered before a person’s deportation can be deemed disproportionate.

Secondary information

Type: Written question
Reference: HL2302
Session: 2026-27
Subjects: Deportation Families
Legislation: Immigration and Asylum Bill 2026-27
Link: View this Written question on www.parliament.uk

Deportation

Secondary information

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