UK Borders Bill

The reality is that the judge already has the power to order a deportation. However, a deportation should follow consideration of the case; it should not be automatic. Let me give the hon. Gentleman a few examples to illustrate my point. My hon. Friend the Member for Orkney and Shetland (Mr. Carmichael) dealt with the case of Sakchai Makao, a Thai national who had lived on Shetland for 10 years. He went off the rails after the death of his step-father and set fire to a car. He served eight months. He committed the crime four years ago, but was rounded up last year. He no longer spoke Thai or had any real family connections in Thailand, yet he was threatened with deportation. Only the strength of feeling among the people of Shetland and their campaign prevented him from being removed. Ernesto Leal arrived in this country 30 years ago, after fleeing General Pinochet’s regime, under which his father had been tortured. Ernesto Leal’s status in this country had never been in question and, although convicted of a crime, as a first-time offender with no previous convictions he served 18 months on the judge’s recommendation. He was then released and adhered strictly to his probation requirements.