QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF WANG||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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Miss S Lambert appeared on behalf of the Defendant
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"The only barrier to Mr Wang's removal is the issue of an ETD. However Mr Wang has failed repeatedly to provide accurate information on his bio-data and registration forms for verification of identity, the consequence of which is that the Chinese embassy has been unable to document him. The timescale for Mr Wang's removal depends on how long he remains non-compliant. As soon as he is documented, arrangements will be made for him to be removed from the United Kingdom."
"Mr Wang's case has been considered against the current criteria in favour of presumption of release. The presumption to release is balanced against the probability of removal within a reasonable time scale, harm to the public and whether the subject is likely to adhere to the release conditions. Mr Wang is an illegal entrant and failed asylum seeker. He is an habitual offender with eight convictions, and previously he has failed to surrender to custody at some point in time. He has no settled address, no family and no close connections with the United Kingdom. And subsequent to the decision to refuse his asylum claim he has made no further attempt to regularise his status, nor has he sought to leave the United Kingdom voluntarily.
Mr Wang has been served with a deportation order and he is fully aware that it is our intention to deport him from the United Kingdom immediately upon receipt of an ETD. However having signed a disclaimer on 22 November 2006 waiving his appeal rights against the decision to deport him, Mr Wang has repeatedly frustrated the process of obtaining an ETD by providing insufficient or inaccurate details of his circumstances in China which has resulted in the Chinese authority refusing to issue him with an emergency travel document on two occasions. Another ETD interview will be requested specifying the details needed."
"(1) ..... require a person to take specified action if the Secretary of State thinks that —
(a) the action will or may enable a travel document to be obtained by or for the person, and
(b) possession of the travel document will facilitate the person's deportation ..... "
Sub-section (2) contains a list of specified actions which, in particular, the Secretary of State may require a person to take. Sub-section (3) makes it an offence for a person to fail, without reasonable excuse, to comply with the requirement of the Secretary of State under sub-section (1), punishable by up to two years' imprisonment or a fine or both.