Part 6: Miscellaneous Section 72: Removals from the UK: visa penalties for uncooperative countries
Overview: The visa penalties outlined in section 70 may be imposed on a country which, in the opinion of the Secretary of State, does not cooperate with the UK in relation to the return of its nationals who not have a legal right to be in the UK. The section sets out that the Secretary of State must take account of the following criteria when forming an opinion on whether a country is cooperating in relation to the return of its nationals:
Any arrangements (whether formal or informal) entered into by the government of the relevant country with the UK with a view to facilitating returns;
The extent to which the government of the country is promptly taking steps to facilitate returns;
Such other matters as the Secretary of State considers appropriate.
	In determining whether to apply visa penalties, the Secretary of State must take into account:
The length of time for which the country has been uncooperative;
The extent of the lack of cooperation (such as severity of the non-cooperation, proportion of nationals or citizens of that country that the Secretary of State has been unable to return);
The reasons for the lack of cooperation; and
Any other matters the Secretary of State considers appropriate.
	Background: Where individuals do not have a legal right to be in the UK, the Home Office may seek to remove them, usually to their country of nationality. The UK expects cooperation by a country in receiving back its nationals (for example, by assisting with issuing travel documents if required and giving permission for flights to land) where a person has no right to be in the UK. The majority of countries cooperate with the UK on the matter of returns ; however, a small number of countries do not cooperate.
	This section enables the Secretary of State to specify a country for the purpose of applying visa penalties under section 70. This section does not amend or repeal existing legislation.
	Subsection 1 allows a country to be specified under this section if, in the opinion of the Secretary of State, the government of that country is not cooperating with the UK in relation to the return of its nationals or citizens who are in the UK with no legal right to be and, as a result of that lack of cooperation, there are nationals or citizens of the country that the Secretary of State has been unable to return, whether or not others have been returned.
	Subsection 2 sets out the factors the Secretary of State must take into account when forming an opinion as to whether a country is cooperating with returns.
	Subsection 3 sets out the factors the Secretary of State must take into account when determining whether to specify a country for visa penalties under this section.
	Subsection 4 cross-refers to the definitions of the terms "country" and "specified" in section 70, and sets out definitions for "facilitating returns", used in this section.