Detention & Deportation

Detention & Deportation Overview

You may be Detained or Deported if you:

• Entered the UK illegally.
• Stayed in the UK longer than your authorised period of stay.

If you do not have leave to remain and no pending applications, the Home Office may detain you for administrative removal. Various factors affect the success of your application to remain, and your solicitor will advise you on these factors and how to proceed.

There are factors which will affect the success of your application to remain in the country. Your solicitor will advise you on these factors, your chances of success and how to complete the application.

Detention

If you have been detained, you will usually be entitled to apply for Temporary Admission or Bail through the Chief Immigration Officer. Under revised 2024 guidance, individuals considered vulnerable adults are provided additional protections. Adults at risk include those who have declared a condition or experienced trauma that would render them particularly vulnerable in detention​.

An individual will be regarded as an adult at risk in detention if;

-They declare they are suffering from a condition or have suffered a traumatic event that would be likely to render them particularly vulnerable to harm if they are placed in detention or remain in detention.

Deportation

If you are a non-British national and have committed a criminal offence, the Secretary of State may decide to deport you and your family members. If this is the case and you wish to appeal the decision, you will need to make representation to the Home Office. However, in case of a refusal, you may reserve a right to appeal to the Immigration Tribunal.

It is a breach of human rights to deport first and appeal later. Having to appeal from abroad can reduce the effectiveness of an appeal. If the court has ruled in favour of deporting a non-British criminals before they have had a chance to appeal, it will breach their human rights.

The Home Secretary has a discretion to issue deportation orders under Section 3(5)(b) and(6) of the Immigration Act 1971. Individuals with the Right of Abode, including those that are British, cannot be deported. Anyone else, including foreign nationals – for example those with Indefinite leave to remain, limited leave to remain, pre-settled status or settled status are liable to deportation. A deportation order invalidates any limited leave to enter or remain you may have.

Grounds for Deportation

Some common grounds for deportation are as follows:

• Your deportation is considered to be conducive to the public good and in the public interest because you have been convicted of a criminal offence.
• A criminal court has recommended your deportation, this only applies to cases where:
  1. The person is 17 years or over.
  2. And the offence led to imprisonment.

Automatic Deportation

The Secretary of State has the power to issue an Automatic Deportation Order under Section 31 of the Borders Act 2007. This again does not apply to those with a Right of Abode in the UK, including those who are British Citizens.

What if the foreign national criminal is an EEA National? EEA Nationals are an exception to the rule of automatic deportation if you can show that you have been exercising your treaty rights under the EU Treaties. Deportation can still proceed under the ground of public policy, security or public health.ﾠ

Deportation Appeals

Our solicitors will prepare a detailed deportation appeal for your particular case, preparing every aspect and detail. Throughout the case, we will be on hand to offer expert advice and guidance.

These cases are often very complex matters, which is why it is important to have expert legal representation and safeguarding as a Foreign National Prisoner.

Bail Applications

If you have been detained and held in a removal centre or prison for over a week by the UK Border Agency, you could be entitled to apply for bail.

Once you apply for bail, you will face an immigration judge in front of an immigration court. Whether your bail application is successful will be decided by the judge.

Deportation Process: How We Can Help

When the UK Visas and Immigration (UKVI) considers deporting a foreign national currently in prison or detention, they will typically inform the individual that deportation is being reviewed. At this critical stage, timely and professional legal support is essential. Here’s how we can assist you in challenging deportation:

Step 1: Responding to UKVI’s Deportation Notice

• Completing the UKVI Questionnaire: We assist in filling out the necessary UKVI documents, explaining why deportation should not be enforced, focusing on your personal circumstances and legal arguments.
• Gathering Family Life Evidence: We work with you and your family members to gather compelling evidence that demonstrates your significant family ties and relationships in the UK. This is crucial for appeals based on Article 8 of the European Convention on Human Rights.
• Obtaining Vital Records: Our team will help acquire national insurance, medical, and prison visitation records, or other official documentation, to show your long-term residence and ties to the UK.
• Drafting Support Statements: We prepare detailed and persuasive statements from you, your family, and community members, all of which can strengthen your case.

Step 2: Challenging a Deportation Order

If a deportation order is issued, you may have the right to appeal. Acting quickly is essential, as there are strict deadlines for filing an appeal. Our expert legal services include:

• Representation at Tribunal Hearings: We provide expert legal representation, advocating on your behalf before the First-Tier or Upper Tribunal to argue against your deportation.
• Witness Statements and Evidence Collection: Our team collects witness testimonies, alongside gathering and organising all relevant evidence in your favour, ensuring a well-documented case.
• Court Preparation and Compliance: We ensure that all evidence is compiled effectively, adhering to court rules and preparing your case for the best possible outcome.
• Court Liaison: We maintain regular communication with the courts to ensure that your case complies with all court directives.
• Specialist Counsel Involvement: When necessary, we collaborate with specialist barristers to enhance the legal representation and maximise your chances of success.

Why Legal Support is Critical

Deportation appeals are complex and time-sensitive. Seeking expert advice and representation early can make a significant difference in the outcome of your case. Our team offers legal support at every stage of the deportation process, giving you the best possible chance of success.

Defending & Appealing Deportation and Removal Orders

Our team of highly qualified immigration solicitors and expert panel immigration solicitors can provide comprehensive advice on all legal avenues available to challenge a deportation or removal order. We specialise in helping clients appeal deportation and removal orders, working to keep you in the UK or prevent a re-entry ban.

Both deportation and removal orders can be contested through an appeal before an Independent Immigration Judge, especially if the order contravenes the UK’s obligations under the 1951 Refugee Convention or the European Convention on Human Rights (ECHR). For example, Article 8 of the ECHR, enforced through the Human Rights Act 1998, protects your right to private and family life. This right cannot be interfered with by public authorities, such as the Home Office, unless justified for lawful and necessary purposes. Other exceptional circumstances may also be considered.

How We Can Help

Our expert team challenges deportation and removal orders through the following steps:

• Assessing the Merits of Your Case: We carefully evaluate the likelihood of successfully challenging your deportation or removal.
• Determining Lawfulness of Detention: We investigate whether your detention complies with legal standards.
• Submitting Strong Representations: We present robust legal arguments to the Home Office, explaining why the deportation or removal should be overturned.
• Appealing Negative Decisions: Should the Home Office reject our representations, we will appeal the decision in immigration court.
• Judicial Review Applications: If necessary, we can apply for a Judicial Review in the High Court to challenge unlawful detention or decision-making.
• Presenting Supporting Evidence: We ensure that all relevant documents and evidence are thoroughly prepared to strengthen your case.

By working closely with you, we build the strongest possible case, presenting compelling arguments to protect your rights and secure your future in the UK.