UK Deportation: Grounds, Appeals & Revocation Of a Deportation Order

Deportation is the act of removal of a foreign national from the UK in accordance with a DO (Deportation Order). A DO is made on the grounds that their presence is considered not conducive to the public good, or in other words, the deportation of the person is conducive to the public good. A deportation order makes any permission to enter or stay in the UK invalid and prevents the person from returning to the UK while the DO (Deportation Order) is in force.

Grounds for deportation

Foreign nationals and their dependants will be considered for deportation from the UK if they meet the criteria set out in Non conducive deportation or public policy, public security or public health decisions.

A foreign national (this does not include Irish citizens) is liable for deportation where:

(a) They have been convicted of a criminal offence for which they have been sentenced to 12 months or more in custody; or 

(b) The Secretary of State (UK) otherwise considers that the deportation of that foreign national is conducive to the public good; or

(c) They are the spouse (husband, wife), civil partner, or child under 18 of a foreign national who either is or has been ordered to be deported.

An Irish citizen may only be deported where deportation has been recommended by a court or where the Secretary of State concludes (UK) concludes that, due to the case’s exceptional circumstances, the public interest requires deportation.

Also, under the Immigration Rules – Part Suitability, the Home Office will refuse an application seeking entry clearance permission where the applicant is the subject of a DO (Deportation Order), or a decision to make a DO.

A deportation order will not be made if the removal of the foreign national from the UK pursuant to the order would breach that person’s rights under the ECHR or the UK’s obligation under the Refugee Convention. Where deportation of a person would not breach the UK’s obligations to the ECHR or Refugee Convention, the presumption is in favour of deportation. 

ECHR - Article 8 exceptions to deportation

Where a foreign national has been convicted, whether in the UK or overseas, for which they have been sentenced to at least 12 months in custody (this includes prison sentences, suspended sentences (still count as custodial), and a single sentence of at least 12 months), has been convicted of a type of offence that has caused serious physical or psychological harm, or is a persistent offender, the public interest requires that person’s deportation from the UK unless:

(a) The private life exception or the family life exception is met; or

(b) Very compelling circumstances exist such that removal of that foreign national would be contrary to the Human Rights Act 1998.

A foreign national who has been given a custodial sentence of 4 or more years must show very compelling circumstances on top of the private life exception or the family life exception for deportation from the UK to be a breach of the ECHR - Article 8. 

Article 8 ECHR private life exceptions to deportation 

A foreign national may not be liable to deportation where the Article 8 Private Life exception applies. 

The Article 8 ECHR Private Life exception is met where the foreign national:

(a) Has been lawfully resident in the UK for most of their life; and

(b) Are personally, socially, and culturally integrated in the UK; and

(c) Would have to face very significant obstacles in integrating into the country to which they are to be deported.

Article 8 ECHR family life exceptions to deportation 

A foreign national may not be liable to deportation from the UK where the Article 8 Family Life exception applies. 

The foreign national meets the Article 8 ECHR Family Life exception where they:

(a) Are a parent of a child and fulfill all the following requirements:

• The child is, immediately prior to the date the decision to make a deportation order is taken, either a British citizen or has resided in the UK continuously for a minimum of 7 years; and

• The child, when the formal decision to make a deportation order is taken, is living in the UK; and

• Removal of the foreign national from the UK would result in the child facing undue hardship if they were to live in the country of deportation of the foreign national; and

• Living in the UK without the foreign national who is to be deported would impose undue hardship on the child.

Or 

(b) is in a partner relationship and meets all the following requirements: 

• their relationship with the partner is genuine and ongoing; and

• the partner is either a British citizen or settled in the UK; and

• the partner is living in the UK; and

• the partner relationship did not start when the foreign national to be deported was in the UK unlawfully or when their immigration status was precarious; and

• Removal of the foreign national from the UK would result in the partner facing undue hardship if they were to live in the country of deportation of the foreign national; and

• Living in the UK without the foreign national who is to be deported would impose undue hardship on the partner.

Deportation Exceptions under UK Borders Act 2007 under Sectio 33 

Exception 1 applies if deportation would violate a person’s human rights under the European Convention on Human Rights or breach the UK’s duties under the Refugee Convention.

Exception 2 applies where the Secretary of State believes the individual was under 18 at the time of conviction.

Exception 4 covers individuals who are currently involved in extradition proceedings under the Extradition Acts of 1989 or 2003, including those subject to certificates, warrants, custody, or related legal processes.

Exception 5 applies where the individual is subject to specific mental health orders or directions under legislation in England, Wales, Scotland, or Northern Ireland, such as hospital orders, guardianship orders, transfer directions, or equivalent measures.

Exception 6 applies if automatic deportation would conflict with the UK’s obligations under the Council of Europe Convention on Action against Trafficking in Human Beings.

Exception 7 applies to certain protected individuals (“relevant persons”) whose offence involved conduct occurring before the end of the Brexit transition period (IP completion day). This includes people with rights under the EU Withdrawal Agreement, the EEA EFTA Separation Agreement, the Swiss Citizens’ Rights Agreement, or related immigration rules, including frontier workers.

Even where an exception applies, a deportation order may still be made. However, the decision-maker must not automatically assume that deportation is either in the public interest or against it. In some cases, section 32(4) continues to apply despite certain exceptions.

Outcome of an ECHR - Article 8 Decision

If the decision maker is fully satisfied that the foreign national satisfies the requirements listed above and does not have permission (including where previous permission has been invalidated, cancelled, or revoked), the foreign national will be granted temporary permission for a period not exceeding 30 months and subject to such conditions as the Secretary of State (UK) considers to be appropriate.

ECHR Article 8 does not prevent all decisions or actions to enforce decisions that interfere with Private Life or Family Life. It will only do so if what is being done or attempted is not in accordance with law, not for a legitimate purpose, unnecessary to achieve any legitimate purpose, or disproportionately harmful to the foreign national's Private Life or Family Life compared to the purpose to be achieved.

Exemptions from deportation as set out in the Immigration Act 1971 - Section 7 and Section 8

Section 7

Provides a deportation exemption for certain Commonwealth and Irish citizens with long residence since 1973 and at least 5 years’ ordinary residence before the decision.

Section 8

Provides exemptions from immigration control (e.g., crew members, diplomats) and can include additional deportation protections for those exempt.

Revocation of a deportation order

Even if a foreign national’s deportation order is revoked, it does not entitle them to re-enter the UK. Revocation of a deportation order means that the person may apply for and may be granted entry clearance or permission to enter or permission to stay in the UK.

A deportation order remains in force until either it is revoked or has been quashed by a tribunal or court.

A foreign national subject to a deportation order can make an application to the Home Office for revocation of the deportation order. They should normally apply from outside the UK after being deported.

Where a foreign national makes an application for revocation of a deportation order, the deportation order will be revoked where:

(a) the foreign national who has been convicted and sentenced to a jail term of less than 4 years, the Article 8 private or family life exception, or both, is met, or where there are very compelling circumstances which would cause a breach of ECHR - Article 8 if a decision not to revoke the deportation order is made; or

(b) the foreign national who has been convicted and sentenced to a jail term of at least 4 years, there are very compelling circumstances which would cause a breach of ECHR – Article 8 if a decision not to revoke the deportation order is made; or

(c) A decision not to revoke the foreign national's deportation order would be contrary to the Refugee Convention or the Human Rights Convention.

Where a foreign national makes an application for revocation of a deportation order, where they have not been convicted for which they were given a custodial sentence, the order may be revoked if there has been a material change in circumstances in connection to the factors that led to the deportation of the foreign national on the ground that doing so was conducive to the public good.

How can Visa and Migration help?

If you are facing deportation, you should swiftly seek professional legal advice as to your options post deportation, or a deportation order is likely to be vital to ensuring the best possible outcome.

We can help you with:

• Checking the details of the order (Confirm you have been named, dates, and grounds for deportation).

• Advising on your rights, appeals, and deadlines.

• Gather evidence for ECHR - Article 8 claims. For example, proof of family life, parental or partner relationship, or children’s residence in the UK, and evidence of how your removal from the UK would cause undue hardship for your child or partner.

• Submit representations/appeals to challenge the deportation if valid grounds exist. For example, human rights claims, Immigration Act 1971 - Section 7 or 8 exemptions, or automatic deportation errors.

• Collecting supporting statements. For example, letters from family, schools, medical professionals, or social workers demonstrating impact on your child or partner.

• Monitoring deadlines carefully

• Assisting you with practical matters

• Helping you with paperwork, translations, and gathering documents that show your ties to the UK.

• Staying informed about updates 

For expert advice, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com