Today in the news, it has been reported that a Filipino national who is the son of British parents and has British siblings has been deported to the Philippines, a country that he has not been back to since he was 4 years old. An increasing number of foreign nationals living in the UK are being subjected to deportation orders. A deportation order requires a person(s) to leave the United Kingdom and authorise his or her detention until he or she are removed by a ‘notice for deportation’. It also prohibits that person from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom.
Ann Widdecombe: Home Office have a Moral Duty to Waive Immigration Rules in Genuine Cases
Fredel Buenavista, 32, entered the UK 12 years ago on a student visa. He later applied for a work permit, which the Home Office stated was never granted. Mr Buenavista was detained after failing to appeal the Home Office’s decision. Mr Buenavista, who studied here in the UK, got a degree and worked as a barman of the oldest pub in Maidstone appealed the deportation order to no avail. He spent a week in a cell in Dover before being allowed home temporarily, due to his father being taken ill and going to the hospital.
“It’s not right, it’s not fair. They are getting rid of someone who is working and supporting the community. ‘It’s starting from scratch. I feel lonely and depressed, I have never lived alone before. I’m trying not to see people to make it easy on myself to leave. I must have done something right in life and been raised well for this many people to care.”
Mr Buenavista immigration matter has caused outrage amongst his community as 3,000 people had signed a petition to prevent his deportation. It should be noted that Mr Buenavista voluntarily left the UK and will have to wait 12 months before he can re-enter the UK.
Ann Widdecombe, who was Fred’s MP until she retired from Parliament in 2010, angrily stated:
“The treatment of Fred is crazy, iniquitous and brutal. Theoretically the law is right because Fred wasn’t born here but after 14 years of being a model citizen he deserved better than to be dumped back in a country he left when he was a small child. The problem for Fred is that he was an easy target. The Home Office knew where he lived and he reported for his interviews with them every fortnight. That made it very simple for them to arrest him and tick the box that said they had cleared up another case.”
“I believe the Prime Minister and the Home Secretary have a moral duty to waive the rules in genuine cases like Fred’s. Instead of having to spend 12 months in a foreign country Fred should be allowed to apply for a new visa today so he can come back right away to the country which is his real home.”
How Can You Challenge A UK Deportation Order?
The process of deportation is justified on the basis that it is for the public good and that this should outweigh the interest of the individual in question – unless the deportation breaches that individuals rights under the Human Rights Act 1998. Deportation can be challenged if it is contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR. Regard may also be had to other relevant factors which constitute exceptional circumstances. There are two fundamental rights which could be breached when a deportation order is granted are the following Article 3 Human Rights Act 1998 which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment and/or article 8 Human Rights Act 1998 which states the following everyone has the right to respect for his private and family life, his home and his correspondence and no public authority can interfere with the exercise of that right.
Legal Advice for Illegal Migrants Contacted by Capita in the UK
Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office.
Contact us to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay.