Deportation ordersUnder UK immigration law a deportation order can be used to remove a foreign national from the UK. A deportation order requires you to leave the United Kingdom and authorises your detention until you are removed by a notice for deportation. It also has the power to stop you 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 United Kingdom.
There are a number of circumstances under which a foreign national may be deported; for example an adult who has been convicted of a crime that carries a prison sentence, or a family member of a foreign national who is the subject of a deportation order, or if the Secretary of State believes it is in the public interest to have a foreign national deported.
If you are the subject of a deportation order you may be held in detention or if not held in detention then you may have restrictions placed upon you. You may be restricted in your employment and or your residence. You may need to report to the police if you are not detained until the making of the deportation order. You will be notified of your rights to appeal. It is very important that you seek legal advice immediately from an experienced immigration solicitor as an increasing number of foreign nationals living in the UK are being subjected to deportation orders and you need good legal advice to ensure that any deportation order being made are challenged in the correct way.
You have a right of appeal from within the UK against the decision to make a deportation order. The order cannot be formally made while any appeal is pending, nor can you be removed from the UK whilst the appeal is pending.
If the deportation order has already been made then you may apply to have the order revoked. If you or someone you know needs to appeal a deportation order, they should get advice from an immigration solicitor. Our professionally qualified and experienced immigration solicitors can advise you on the merits of your case and possible ways of avoiding your deportation. We can help you in appealing against any form of deportation or removal order and consider the ways that you may stay in the UK or avoid a ban on you re-entering the country.
Our specialist immigration solicitors we will undertake the following to ensure you are provided with the most efficient and effective service. They will undertake and assess the merits for challenging deportation or removal, Make representations to the Home Office on your behalf and make an application for Judicial Review in the High Court challenging the detention.
Grounds for a UK Deportation Order - On the Grounds of Public InterestA deportation order against a foreign national may be issued you are convicted for a criminal offence. The deportation order can depend on the severity of the offence, the more serious or severe the offence, the more likely it is that a deportation order will be issued.
As you are about to complete your sentence, the Prison Service must notify the immigration authorities of the impending release. The Prison Service does not need to rely on the recommendations of the judge for informing the immigration authorities. The Prison Service must notify the immigration authorities in advance, giving them time to prepare for the deportation formalities.
The following will be considered before you are deported, the nature of the offence and the circumstances in which the crime took place. The extent of rehabilitation of the offender and the chances of the offender committing subsequent crimes, also the need to deter other individuals from committing a similar offence. Previous criminal history of the offender, public interest and the circumstances of the family of other relations of the offender.
Public benefits are considered during the deportation process, meaning that public interest tend to outweigh the rights of the person being deported. This is not the case if the deportation breaches the rights under the Human Rights Act, 1998 of the person being deported. The person being deported can challenge the deportation if it is contrary to the UK’s obligations under the Refugee Convention or the European Convention on Human Rights (ECHR).
Challenging a deportation order
There are two fundamental rights of the person being deported on the issue of the UK Deportation Order. These are that the State cannot subject any individual to torture, inhuman or degrading treatment or punishment. As every individual has the right to respect for his private and family life. It also declares that every individual has the right to respect for his home and correspondence too. Further, it states that no public authority can interfere with these rights.
Appealing against a UK Deportation OrderUnder certain circumstances you may have a right to appeal to have a deportation order revoked. In these cases you would receive notification of the decision to refuse the revocation of the deportation. You would also receive the notification of your right to appeal.
There are certain time limits in place for you to submit the notice of appeal and this is why you should seek advice from a specialist immigration solicitor. It is vital that these time limits are not missed and that the correct procedure is followed.
There are sometimes compassionate grounds for appealing against your deportation order. People who have lived in the UK for many years and fear they may be subjected to persecution if deported might appeal on compassionate grounds. A deportation order should not be made against you if doing so would lead to a breach of the UK’s duties under the European conventions on human rights and or refugees.
Family members affected by deportationYour family members may also be deported if you are facing deportation. There are some circumstances in which they may avoid deportation, for example; if your spouse or civil partner have qualified to live in the UK in their own right.
Your children may avoid deportation if they are not living with you but instead they are living with another parent, if they live alone and support themselves, or if they got married or entered into a civil partnership before the question of deportation arose.
Please contact one of our solicitors who are experienced in Immigration matters, for advice on your situation.