Challenging deportation

Challenging deportation

“Deportation” means enforcing the removal of a foreigner from a country. So, the UK Home Office may enforce the removal of an individual for the public good especially when that individual is served a criminal sentence in the UK. A court can also issue a deportation order against an individual. If the Home Office decides to issue a deportation order, you will be informed in writing by the Home Office if it wants you to leave the UK.

 Who can be deported?

Any person in the UK can be deported if the following circumstances exist:

  1. The Secretary of the state deems the person’s deportation to be conducive to the public good;
  2. A person happens to be the spouse, civil partner, or child under the age of 18 of a person against whom the deportation order has been issued;
  3. A person who is above the age of 17 has been convicted of an offence punishable with imprisonment and thus has been recommended for deportation by a court;
  4. In most cases, a foreign national becomes liable for automatic deportation if he/she has committed a criminal offence that carries a custodial sentence of more than 1 year.

Family members of the deportee

You will not be given a deportation order by the Home Office in general if

  1. You are a spouse or civil partner of a deportee, but you have qualified for settlement in your own right or you have been living apart from the deportee.
You are a child of a deportee but
  1. You and your mother or father are living apart from the deportee or
  2. You have left home and established an independent life or
  3. You are married to or in a civil partnership before the deportation order of the deportee came into the prospect.

Challenging deportation order

Can you do something about deportation, or you just have to leave the UK once you get the deportation order?

This is a tough situation for you if you have been issued a deportation order or you are a spouse, civil partner, or a child of a person who has been issued a deportation order and thus you are also being deported along with the deportee. Challenging deportation or applying for the revocation of the deportation order is also not an easy task. You must seek the expert’s guidance.

You can challenge or appeal against a deportation order in the following circumstances:

You need to make representations top the Home Office showing why the deportation order breaches your family and private life in the UK. If the arguments show that your or your families interest will outweigh the public interest consideration then you will have a good case. If the Home Office decides to refuse your representations then you will be granted right of appeal under section 82 (1) b of the Nationality Immigration and Asylum Act 2002.

Revocation does not entitle you entry to the UK

If you are deported from the UK then you need to make representations for revocation of the deportation order and if you are refused you again go through the appeal stage, however, if your challenge is successful, you are not entitled to come to the UK automatically and will need to submit an application for Entry Clearance and meet the requirements of the relevant immigration rules.

If you are looking to challenge the deportation you can contact our legal team on 02034111261

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