If a person has committed a criminal offence or has acted in a way which is not conducive to the public good, the Home Secretary will serve a Deportation Order and subsequently arrange for removal. A Deportation Order can be challenged if the removal is not proportionate and engages a person’s Human Rights under the European Convention on Human Rights.
What is a Deportation Order?
A Deportation Order requires a person to leave the United Kingdom and authorises a person’s detention until removal is arranged. In some cases, where there are no serious concerns regarding the public safety or national security the Home Office can grant Immigration Bail until removal directions are finalised. However, the Home Office will impose certain conditions on the release such as prohibiting employment and impose reporting conditions at an Immigration Reporting Centre. The Home Office will issue and serve a Deportation Order to a person where a person has committed a criminal offence or has used deception in an immigration application. The Home Secretary will act and make decisions in the best interest of the public good and for that reason, if a person commits an act that threatens the public good or national security then it is likely removal directions will commence. If a person is served a Deportation Order and subsequently removed from the United Kingdom an automatic ban on re-entry is imposed. A re-entry ban can be imposed up to 10 years from the date of removal.
Section 5 of the Immigration Act 1971 permits the Home Secretary to extend the Deportation proceedings against the family members of the person whom the order is made against. For example, if a non-EEA Spouse is in the United Kingdom as a direct family member under the EEA Regulations and the settled Spouse is subject to a Deportation Order it is likely that the non-EEA Spouse may also be required to leave the United Kingdom. However, it is possible for the non-EEA spouse to submit an application in their own right.
How to challenge a Deportation Order?
In some circumstances, a Deportation Order can be challenged and revoked. An application for revocation of a Deportation Order will normally be considered where challenges can be submitted on the following points:
- The grounds and legality of the order made;
- Are there any representations in support of the revocation; or
- Interests of the person being removed including any compassionate or extenuating circumstances.
If you have been served with a Deportation Order following a criminal conviction for an offence which you have served a sentence of fewer than 4 years you can make an application to revoke the Deportation Order. By submitting an application to revoke the Deportation Order you are asking the Home Office to consider your case in light of your domestic circumstances. The Home Office will consider fresh information or change in circumstances which they have not previously considered. Revocation can be applied for within the United Kingdom or from outside depending on the person’s position. In some instances, a person is removed and at the time of removal, the appropriate legal assistance is not sought or available. If this is the case, a person can apply for a revocation order and an Entry Clearance Officer will make a decision.
One of the most common grounds on which a Deportation Order can be challenged is Article 8 of the European Convention on Human Rights (ECHR). You can ask the Home Office to consider your Private Life or Family Life or both. Article 8 of the ECHR states that:
“Everyone has the right to respect for his private and family life, his home and his correspondence”; and
“There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”.
In the vast majority of cases, the Home Office does not consider domestic circumstances at the time of issuing a Deportation Order. It is, therefore, up to the person subject to such an order to challenge the same. The Home Office has to balance deportation with a person’s Human Rights in the United Kingdom. For example, deportation may not be justified for a low-level crime where a person has spent the majority of their lives in the United Kingdom with their British family. The key component to consider is the principle of proportionality. The Home Office must be able to show that their decision is proportionate within the law and is not infringing a person’s Human Rights.
Using Legal Representation to challenge a Deportation Order
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and a Deportation Order your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Immigration application or challenge. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject Immigration applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully challenge a Deportation Order
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects challenging a Deportation Order or submitting an Immigration application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application revoking a Deportation Order. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.