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This question is a follow up to someone's question: Getting refused entry and removed at Heathrow, X in passport

If a traveler with a one way ticket to the UK from his/her home country is refused entry at port and returned to the origin country, is the person considered to have left the UK at the expense (directly or indirectly) of the Secretary of State, in which case he/she faces a 5 year ban ?

In the situation they have onward booked travel to a different country (where they also have citizenship and hence right to entry) from origin, will UK immigration remove them to that destination or strictly back to the original departure point?

I am looking for some policy manual source, precedent, or expert knowledge of such matters.

  • The link you provide (RFL04) is about entry clearance applications, removal from port is a different thing. – Gayot Fow Aug 21 '17 at 16:22
  • "The Crown must pay the return ticket" sounds like a litmus test for destitute applicants. It wouldn't apply to anyone who does pay for their own "brexit". Not sure how it works if your credit cards malfunction and the Crown must pay and you promptly reimburse it. – Harper - Reinstate Monica Aug 21 '17 at 18:24
  • I am not aware of a rule that provides for a ban in a port-side removal except for criminal behaviour or a previous breach. It's certainly not in P320 7B, which explicitly says previously. You'll need to show me the rule you are thinking of. – Gayot Fow Aug 21 '17 at 19:27
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If an immigration offender has been removed or deported, then his future applications will be refused for ten years. Passengers, who have been refused and removed at port of entry are only subject to a 1 year ban if they have fully complied with the terms and conditions placed upon them by the refusing port and leave voluntarily not at the expense (directly or indirectly) of the Secretary of State.

https://www.gov.uk/government/publications/immigration-offender-rfl05-paragraph-3207b-and-a320/immigration-offender-rfl05-paragraph-3207b-and-a320

It is up to the airline that the passenger arrives on to decide whether or not to allow him/her to travel to another country that will accept him/her. Unless the airline is being reimbursed by the UK government, I believe that the passenger will be leaving not at the expense (directly or indirectly) of the Secretary of State.

If you have two separate tickets chances are the airline will force you to return to the the port of the flight's origin (provided you will be accepted there). If you can't figure it out or buy a new ticket to leave the UK you will likely be detained until the UK government will decide how and where to send you (at their expense if needed).

  • @Paul of Osawatomie أبو عمار there is a one year ban if a passenger is removed at port according to the UK GOV's website. One could arrive in a private vehicle or vessel which leaves the possibility of removal at the expense of the Secretary of State. – greatone Aug 21 '17 at 17:49
  • You refer to guidance to be used at the application stage where the ECO has the option to impose a 1 year ban for a previous breach. – Gayot Fow Aug 21 '17 at 19:29
  • @Gayot Fow does that mean there is no mandatory refusal? If a ban were to be imposed, when would it start--the removal date or application date? – greatone Aug 21 '17 at 19:36
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    The OP is asking about port side removals and you are linking to the ECG's (Entry Clearance Guidance). That document is for Entry Clearance Officers and ECO's work in consulates with applications. Specifically, it tells the ECO when to apply a 1 year ban to someone's application. Port side removals are done by Immigration Officers who work for the Border Force. Different department and they do not work with entry clearance applications. Hence the answer is reduced quality because the link you provide doesn't apply to the question. I'll abstain from voting. – Gayot Fow Aug 21 '17 at 19:44
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    Given that he's refused entry into the UK I'd not want him on a flight anywhere but his departure country or country of citizenship as the risk of being denied again are too great... – jwenting Aug 22 '17 at 11:25

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