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Order to halt student deportations
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07 January 2008
A memo sent to the Border and Immigration Agency's regional directors tells them not to enforce such cases unless they are deemed to be priorities.
The order, from director of enforcement Jonathan Lindley, followed a case in which BIA chief executive Lin Homer personally intervened to halt a deportation.
Ms Homer has insisted that student cases that involve fraud or corruption will continue to result in the removal of the individual involved.
Hundreds of thousands of foreign nationals come to study in the UK each year - 309,000 in 2006 - and there are persistent concerns that some may be using supposed courses as a smokescreen for working in the country, or may stay on after their visas run out.
Mr Lindley's memo, obtained by the Daily Mail, describes a recent rule change making student overstayers automatically liable for refusal if they seek a visa extension, and remarks that Ms Homer made "critical comments" about the decision to enforce the removal of the student in whose case she intervened.
He added: "I am surprised that any of these cases have come sufficiently high within enforcement teams' priorities to merit such quick removal action.
"Please instruct your enforcement teams not to proceed with enforcing any student refusal cases unless they are deemed, at at least inspector level, to be a priority.
"Student case-working teams have been instructed not to pass any further student refusal case linked to this issue to enforcement teams."
John Tincey, of the Immigration Service Union, said: "This is an astonishing order. But this is the way the BIA is going in an era of 'risk assessment' and 'intelligence-led operations'."
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