Deportation

Deportation is the process by which a non-British citizen can be removed from the UK and prevented from lawfully returning.

We understand that deportation can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements and advice you on your chances of success before you appeal. You will need to complete the relevant forms, submit grounds to challenge the deportation decision and collate your evidence for submission.

What is the criteria to make a deportation order

A deportation order may be made by the Secretary of State for the Home Department (SSHD), acting through the Home Office, in the following circumstances:

• Where the SSHD deems it to be ‘conducive to the public good’
• Where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment, and
• Where the person is the spouse, civil partner or child under 18 years, of a person ordered to be deported

Section 32(5) of the UK Borders Act 2007 goes further and sets out that the Secretary of State must make a deportation order in respect of a foreign criminal where:

• The criminal was convicted in the United Kingdom and sentenced to a period of imprisonment, and
• The period of imprisonment is 12 months or more, and
• The sentence is a single sentence for a single conviction, it must not be an aggregate sentence or consecutive sentences, and
• The criminal was serving that sentence on or after 1 August 2008, and
• The criminal had not been served with a notice of decision to deport before 1 August 2008, and
• None of the exceptions set out in section 33 of the 2007 Act apply

What are the Exceptions to automatic deportation

A person is exempt from automatic deportation if:

• Their removal would breach the European Convention on Human Rights (ECHR)
• Their removal would breach the Refugee Convention
• The SSHD thinks they were under the age of 18 at the date of conviction
• Removal would breach their rights under the European Community Treaties
• The person is subject to the provisions of the Extradition Act 2003
• The person is subject to a hospital or guardianship order under the Mental Health Act 1983, s 37 or other specified provisions of that Act
• Removal would contravene the UK’s obligations under the Council of Europe Convention on Action Against Trafficking in Human Beings

What are the effects of a deportation order:

An deportation order has following effects:

• It Requires the person to leave the UK and enables the enforced physical removal of that person
• It Prevents the person from returning lawfully to the UK while the order remains in force
• It invalidates any leave the person had

What happens if a deportation order is made:

If it is decided that deportation is appropriate, then a decision to make a deportation order must be served setting out why the foreign national’s presence is non-conducive to the public good. The notice must contain consideration of all the information held by the Home Office on the foreign national’s circumstances at the time of the decision.

You will have 20 working days to make representations as to why you should not be deported.

If no representations are made after the 20-working day deadline for representations has passed, the case owner must make a decision on issuing a deportation order on the facts that are before them. As a human rights claim will not have been made by the individual, the deportation order will not be appealable, and the individual can be removed.

It is therefore important to make intime representations which may also assist in obtaining a right of appeal to the Immigration tribunal from within the UK.

Why Choose Aaryan Solicitors?