Section Sch3-“ 55 — Immigration Act 2009: Offenders may be released early for deportation

“ 55 Offenders may be released early for deportation “ (1) The Minister of Immigration may, in the Minister's absolute discretion as defined in section 11 of the Immigration Act 2009, give the manager of a prison a written notice ordering the release of an offender into the custody of a constable or immigration officer if subsections (3) to (7) apply to the offender. “ (2) The chief executive may give the manager of a prison a written notice ordering the release of an offender into the custody of a constable or immigration officer at a time within 28 days preceding the offender's statutory release date if subsections (3) to (6) apply to the offender. This subsection does not limit subsection (1). “ (3) The offender must be serving a sentence of imprisonment in the prison. “ (4) The offender— “ (a) must have been sentenced to 2 years or less; or “ (b) must have— “ (i) been sentenced to more than 2 years; and “ (ii) served either 2 years or one-third of the sentence, whichever is shorter; or “ (c) must have— “ (i) received an indeterminate sentence; and “ (ii) served at least 2 years. “ (5) The offender must be— “ (a) liable for deportation under section 154 of the Immigration Act 2009; or “ (b) the subject of a deportation order under section 163 of the Immigration Act 2009; or “ (c) the subject of a deportation liability notice under the Immigration Act 2009; or “ (d) the subject of a removal order under the Immigration Act 1987; or “ (e) the subject of a deportation order under the Immigration Act 1987. “ (6) The offender must be described by one of the following: “ (a) he or she has no right of appeal against his or her liability for deportation: “ (b) he or she has a right of appeal but has not made an appeal and the time for making an appeal has expired: “ (c) he or she made an appeal that has been determined by the upholding of the liability for deportation. “ (7) The offender must not pose an undue risk to the safety of the community into which he or she is to be deported, as established to the Minister's satisfaction.