The Government wants to see fewer cases of offenders being allowed to remain in the UK on the ground that to remove them would breach their right to family life. The move focuses on those using Article 8 of the European Convention on Human Rights to argue their right to a family life would be breached by deportation.
Under Article 8 of the Human rights Act 1998:
- Everyone has the right to respect for their private and family life, home and correspondence;
- Family life means the real existence of close personal ties;
- Family life must be respected as a single entity – taking into account the rights of claimants and those with whom they claim to enjoy it;
- Claimants and their families are not guaranteed the right to stay in the UK if they are able to live together elsewhere;
- Private life refers to an individual’s personal identity, ability to form relationships with others and physical and moral integrity;
- Private life includes studies, employment, friendships and sexuality; and
- A claimant cannot be deported if their right to respect for private life would be completely nullified or denied in their destination country.
New Guidelines on UK Deportation of Offenders:
Ministers are expected to set out their plans to Parliament on Monday, with MPs likely to be given a non-binding vote in the coming weeks on whether the new guidelines should apply. In the past, judges have interpreted Article 8 through the development of case law, which has allowed migrant criminals to remain in the U.K, despite being subject to a deportation order by proving they have the right to a family life.
The government says it is “entitled” to set out its views on the subject and to make clear its belief that all aspects of Article 8 – including when other considerations could take precedence – should be taken into account in rulings. The Home Secretary, Mrs Theresa May, said she wanted MPs to set out “very clearly” their view on what “constituted the right to family life” and how “we balance the public interest against the individual’s interest”. However, some leading lawyers have warned that the government cannot dictate what to judges over their interpretation of rights granted under article 8; and therefore, each case must be decided on its own merits and on the facts applicable.
The government will draft new guidelines, for approval by Parliament, emphasising that the right to a family life can be overridden. Separately, the government has also outlined plans to introduce minimum income requirements for people seeking to bring foreign spouses or children into the country.
How We Can Assist You With Your Deportation or Removal Order:
Since these changes will come into force soon, it is imperative you act quickly against any deportation or Removal order which may, or already has been, issued against your or someone in your family. Our immigration lawyers, who work closely with specialist immigration barristers, have in depth knowledge in successfully defending against a deportation order and removal orders by applying for injunctions and revocation of deportation order.
Why use a UK Specialist Immigration Lawyer?
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.
As a leading law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist your with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.
Our Immigration Experts are able to give specialist legal information and advice on applications for UK Deportation Order, UK Removal Order. To contact one of our Solicitors or Barristers please click here to complete a legal case assessment or telephone 0845 8622 529.