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Labour has called Prime Minister David Cameron’s government “incompetent”, after figures released in response to a Parliamentary question show that the number of foreign inmates in the UK’s jails is continuing to grow.

Labour Shadow Justice Secretary Sadiq Khan asked for details of the number of prisoners in the UK awaiting deportation after serving their sentence.

The government’s response revealed that nearly 1,000 offenders from overseas are still being held in UK jails at a cost of nearly £25 million. Offenders awaiting deportation in Britain’s jails include convicted murderers, rapists and paedophiles.

Immigration Minister Mark Harper said that the average stay in prison for an overseas prisoner after serving their sentence while awaiting deportation is around nine months.

Since 2010 – when the coalition government came to power – the number of foreign inmates awaiting deportation in Britain’s jails has increased sharply from 491 to 850, however.

The average cast of keeping one prisoner behind bars while awaiting deportation is around £30m, based on the figures released, the Daily Mail reports.

Many prisoners use the European Convention on Human Rights to appeal against deportation, with the right to a family life being enshrined in the Human Rights Act. If a convicted criminal has a family in the UK, including a parent and siblings, a child or partner, then deportation from the UK may constitute a breach of their human rights under Article 8 of the Act.

The figures show that 35 convicted criminals have served their sentences and remained in UK jails for between two years and up to five years while awaiting deportation.

A total of 100 prisoners have been held in UK jails awaiting deportation for between one and two years – and 750 prisoners have been held for under a year.

Responding to the figures, Shadow Justice Minister Sadiq Khan said:

“British jails are seriously overcrowded and rammed to overflowing. Yet data I’ve uncovered shows 850 foreign criminals who could be deported are clogging up prisons because of this government’s incompetence.

“That’s the equivalent of two decent-sized prisons just to hold criminals who should have been deported.“

Justice Secretary Chris Grayling has previously said that if the Conservatives are elected in 2015, the UK would withdraw from the European Convention on Human Rights – and the Supreme Court in the UK would replace the appeal court at Strasbourg as Britain’s highest court, with its decision being final. Currently Strasbourg can overturn any ruling made in UK courts because of the European Convention on Human Rights.

As a result, Home Secretary Theresa May has been forced to fight several lengthy legal battles in Britain’s attempts to deport convicted criminals and terrorists who have used the Human Rights Act to claim that deportation back to their home countries or extradition to another jurisdiction would breach their human rights.

Mr Khan added:

“The government are offering words where there should be action – and appear to have thrown the towel in on this.

“It will be left to Labour to act and deport these foreign criminals,” he added.

Duncan Lewis Immigration Solicitors

Duncan Lewis is one of the UK’s leading firms of immigration and asylum solicitors and can advise on:

• Asylum and asylum appeals
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Duncan Lewis solicitors have an impressive record in winning appeals against public bodies on the basis of human rights, including Appeals to the European Court of Human Rights and immigration cases involving Article 8 of the Human Rights Act – Right to Family and Private Life.

For expert advice on immigration law in the UK contact Duncan Lewis immigration solicitors on 020 7923 4020.