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UK Refuses Deportation of Vijay Mallya
May 19, 2016

Britain has turned down India’s request to deport the Indian industrialist Vijay Mallya, who is sheltering in London from creditors demanding repayment of $1.3 billion in debts and accumulated interest left by the 2012 collapse of his Kingfisher Airlines.

  • The United Kingdom has told India that it cannot deport Vijay Mallya, who is facing money laundering charges in the country, but could consider an extradition request for him.

  • The UK government’s response came nearly a fortnight after India made a request for the deportation of Vijay Mallya, whose Indian passport was revoked in a bid to secure his presence for investigation against him under the Prevention of Money Laundering Act 2002.

  • There is also a non-bailable warrant issued against Mallya.

  • The UK government has informed us that under the 1971 Immigration Act, the UK does not require an individual to hold a valid passport in order to remain in the UK if they have extant leave to remain as long as their passport was valid when leave to remain or enter the UK was conferred.

  • UK acknowledges the seriousness of the allegations and is keen to assist the Government of India. UK asked India to consider requesting mutual legal assistance or extradition.

  • After India’s request was turned down, the Indian government will now take the extradition route once the chargesheet is filed.

Vijay Mallya owes PSU banks a lot of money and all illegalities in this are being dug out. During the investigation one probe agency asked for deportation as his diplomatic passport has been cancelled. But as per UK policy if a person has entered the UK on a valid passport and the passport has been cancelled after that, he cannot be deported.

Deportation Policy of UK

Deportation requires the individual to leave the UK and authorises his detention until he is removed–this is done through a document called a deportation order. That individual will also be prohibited from re-entering the country for as long as the deportation order is in force and invalidates any leave to enter or remain in the UK given to him before the order was made.  Accordingly a deportation order can apply to any foreign national in the UK even if they hold a valid visa.

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

The Home Office of UK will pursue the deportation of individuals from the UK in the following circumstances:

  • There are recommendations for deportation

  • Deportation is required for the public good

  • That person is a family member of another who is to be deported


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