http://www.inbrief.co...moval-from-the-uk.htm
Under Section 32 of the UK Borders Act 2007 The Secretary of State has a duty to make a deportation order in respect of a person who is not a British citizen who has been convicted in the UK of an offence and sentences to either:
* A period of imprisonment of at least 12 months
* A period of imprisonment of any duration for a particularly serious offence
exceptions
Section 33 of the UK Border Act provides for the following exceptions to the duty of deportation provided for by Section 32. They are as follows:
* Where an individual raises claim for Asylum
* Where an individual raises a claim under the Human Rights Act 1998
* Where the foreign criminal was under the age of 18 on the date of conviction
* Where the foreign criminal is an EEA citizen
* Where the foreign criminal is the immediate family of an EEA citizen
* Where there are mental health problems or the individual is a recognised victim of trafficking
However, in the circumstances that an exception applies this will not bar any request for deportation as the Secretary of State can still pursue a claim for deportation.