Yesterday, it was a reported that a South Yorkshire dad is facing deportation despite both his parents being British nationals. Calvin Warring, is a 30 year old South African national who moved to the UK 8 years ago with his parents. An increasing number of foreign nationals living in the UK are being subjected to deportation orders. Just last month we reported a Filipino national was deported despite both his parents and siblings being British.
His Parents & Siblings are British Nationals
Mr Warring who resides in Bolton with his 3 year old daughter and parents is facing the grim reality of being separated from his family and friends. He had previously submitted two indefinite leave to remain applications, both of which were refused and appeals were dismissed. As a last attempt a third application has now been submitted.
Mr Warring spoke out about the stress of being issued with a removal order:
“I can’t sleep or eat properly anymore because of this. I worry if I’m deported from the UK, it is my understanding that I will not be allowed to return for 10 years. This would mean that my daughter would be 13-years-old the next time I see her. I dread the thought of me not being there while she grows up.”
One of Mr Warring’s friends has started an online petition to try and keep him in the UK. The petition has drawn more than 400 signatures. The South African national has worked since entering the UK and has never had access to public funds. However, he recently lost his job as a mechanic due to the court order. Mr Warring and his family have reportedly spent over £5000 in an attempt to keep him in the UK.
Mr Warring’s mother stated:
“Time after time his application has been turned down without any reason as to why. I am a British citizen and so is his father and sister. Even his great grandparents were from here.”
The Process of UK Deportation
Where the Secretary of State decides that it would be appropriate to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed.
When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal.
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.