Deportation
Deportation UK
The Home Secretary has the discretion to issue deportation orders under Section 3(5)(b) and Section 3(6) of the Immigration Act 1971. British citizens or individuals with the Right of Abode, including those who hold British citizenship, cannot be deported. However, foreign nationals, including those with Indefinite Leave to Remain, Limited Leave to Remain, pre-settled status, or settled status, may be subject to deportation. A deportation order invalidates any existing leave to enter or remain in the UK.
Overview of Deportation from the UK
Deportation from the UK requires an individual to leave the country and prevents their return for at least 10 years. This process applies to non-British citizens who have breached UK law or, in some cases, when the government deems their presence “not conducive to the public good.” If the Home Office issues a deportation notice, they will send a formal letter explaining the reasons for the decision. While there is no automatic right to prevent deportation, an appeal can be made if a Human Rights claim is refused.
If the Home Office has informed you of a potential deportation order, it is crucial to seek expert legal advice from experienced immigration solicitors, such as those at Axis Solicitors. We can help protect your right to remain in the UK and guide you through the legal process to understand your options clearly.
Will I Be Removed or Deported from the UK?
Anyone subject to immigration control in the UK agrees to the country’s residence and entry terms. The Home Office may deport individuals who have committed criminal offences or, in some cases, if their continued presence is deemed contrary to the public good. Deportation applies exclusively to non-British citizens, particularly those with criminal convictions or considered to have a ‘bad character’. However, those who overstay or breach visa conditions are typically removed via administrative removal, a different process from deportation.
Grounds for Deportation
The Secretary of State can order deportation on the following grounds:
- Conducive to the Public Good: Deportation may be ordered if it is deemed conducive to the public good, such as when a foreign national has been convicted of a criminal offence. The following factors are considered when assessing public interest in deportation:
- The risk that the individual will re-offend.
- The need to deter foreign nationals from committing serious crimes.
- Public sentiment and confidence regarding serious crimes.
- Criminal Court Recommendation: A criminal court can recommend deportation if:
- The individual is aged 17 or older.
- The offence resulted in a prison sentence.
- Family Members of Deportees: In some cases, family members of a deportee may also face deportation, though this is a controversial aspect of the law. It is often challenged under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family life.
Automatic Deportation
Under Section 32 of the UK Borders Act 2007, the Secretary of State has the power to issue an Automatic Deportation Order. This applies to foreign nationals who have been convicted of a criminal offence and sentenced to at least 12 months in prison. British citizens and those with Right of Abode are exempt from automatic deportation.
What if the Foreign National is an EEA National?
EEA nationals are an exception to the rule of automatic deportation if they can demonstrate they have been exercising their treaty rights under EU law, such as working or studying. However, EEA nationals can still face deportation on grounds of public policy, security, or public health. These exceptions continue to apply post-Brexit in certain cases.
Reasons for Deportation from the UK
Deportation from the UK refers to the removal of individuals who do not have British citizenship and are considered to have breached immigration rules or pose a threat to public safety. Several factors can lead to deportation, including:
- Immigration Violations: Individuals who overstay their visa, work without proper authorisation, or enter the UK illegally are at risk of deportation. This also includes breaching the conditions of any leave granted.
- Criminal Convictions: Foreign nationals convicted of serious crimes, such as violent crimes, drug offences, sexual offences, or offences against national security, may be subject to deportation. Automatic deportation may apply if the individual has been sentenced to at least 12 months in prison.
- Fraud or False Information: Providing misleading or fraudulent information during the immigration process, such as falsifying documents or misrepresenting personal circumstances, can result in deportation. This includes cases where fraud is uncovered after the individual has been granted leave to remain.
- National Security Concerns: Individuals deemed a threat to the UK’s national security, such as those suspected of involvement in terrorism, espionage, or other activities that compromise public safety, may be deported on these grounds.
- Revocation of Refugee or Protection Status: Those granted refugee status or other forms of humanitarian protection in the UK may face deportation if it is found that they no longer meet the necessary criteria, such as when their home country becomes safe for return.
Deportation is a complex legal process, usually carried out by the Home Office, and individuals facing deportation have the right to present their case and may be able to appeal the decision.
At Axis Solicitors, we understand how daunting deportation proceedings can be. Our experienced immigration solicitors provide tailored legal advice to help you navigate your options, ensuring that your case is handled efficiently and with the best possible outcome in mind.
The Deportation Process in the UK
The deportation process in the UK follows several key stages and is governed by immigration laws. While the specifics may vary depending on the individual case, the process generally includes the following steps:
- Arrest and Detention: If a person is identified as liable for deportation, immigration enforcement officers may arrest them. During this process, the individual may be detained in an immigration detention centre until their case is resolved or deportation is carried out.
- Notice of Liability to Deportation: The individual will receive a Notice of Liability to Deportation, which explains the grounds for deportation. This notice also provides an opportunity for the individual to submit representations or evidence challenging the deportation decision.
- Home Office Review and Decision: The Home Office will assess the case, taking into account any representations made by the individual. Their decision will be based on a range of factors, including immigration law violations, criminal convictions, and concerns related to national security or public safety.
- Issuance of a Deportation Order: If the Home Office decides that deportation is appropriate, a Deportation Order will be issued. This legal document authorises the removal of the individual from the UK.
- Appeal Rights: In many cases, individuals have the right to appeal the deportation order. Appeals are usually submitted to the First-tier Tribunal (Immigration and Asylum Chamber) within a specified time limit. This process allows the individual to present their case and contest the deportation decision.
- Removal Arrangements: If the deportation order is upheld, or if the appeal is unsuccessful, the Home Office will make logistical arrangements for the individual’s removal. This often involves working with transportation services, such as airlines, to ensure that the person is escorted out of the UK.
- Physical Removal: Once removal arrangements are finalised, the individual is physically removed from the UK. Immigration enforcement officers may accompany the individual to ensure their departure from the country.
It is important to note that the deportation process can vary in complexity, depending on factors such as the individual’s immigration history, criminal record, and human rights considerations. Each case is unique, and navigating this process can be difficult without professional legal guidance.
At Axis Solicitors, we are committed to providing compassionate and expert legal assistance for those facing deportation. Our team offers personalised support to help you understand your rights and options throughout the deportation process.
Rules for Deportation in the UK
Deportation rules in the UK are primarily governed by the Immigration Act 1971 and have been refined by subsequent legislation, such as the UK Borders Act 2007. These rules outline the conditions under which non-UK citizens may be subject to deportation. Key points include:
1. Grounds for Deportation:
- Criminal Convictions: Non-UK citizens who are convicted of serious criminal offences, such as violent crimes, drug-related offences, sexual crimes, or threats to national security, may face deportation. Deportation is particularly likely if the individual has been sentenced to a custodial term of 12 months or more, leading to automatic deportation under the UK Borders Act 2007
. - Immigration Violations: Individuals who breach UK immigration laws—such as by overstaying their visa, working without permission, or entering the country illegally—can be deported. Immigration offences are scrutinised under both the Immigration Act 1971 and later amendments
. - National Security Concerns: Those considered a threat to the UK’s national security, including individuals involved in terrorism, espionage, or activities endangering public safety, may be deported. The government uses deportation as a tool to mitigate threats to national security
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2. Decision by the Home Office:
The Home Office, acting through the Secretary of State for the Home Department, is responsible for making decisions about deportation. This decision takes into account an individual’s specific circumstances, criminal record, national security concerns, and any representations made by the individual or their legal representatives
3. Notice of Liability to Deportation:
Before a deportation order is issued, the individual will be served with a Notice of Liability to Deportation, explaining the reasons for the decision and providing the opportunity to present a defence or appeal
4. Appeals and Human Rights:
Individuals subject to deportation often have the right to appeal the decision. Appeals are made to the First-tier Tribunal (Immigration and Asylum Chamber) and must be submitted within a specified timeframe. The appeal process may consider human rights protections, including the right to family and private life under Article 8 of the European Convention on Human Rights (ECHR)
5. Automatic Deportation:
Under Section 32 of the UK Borders Act 2007, individuals convicted of certain serious criminal offences, leading to a prison sentence of at least 12 months, may be subject to automatic deportation. In these cases, there is often limited scope for appeal, unless specific exemptions, such as human rights claims, apply
Seeking Legal Advice
Given the complexity of deportation laws in the UK, it is highly advisable to seek legal assistance if you are facing deportation or have concerns about your immigration status.
Deportation Costs in the UK
The cost of deportation in the UK varies depending on multiple factors, including the complexity of the case, the individual’s location, and the country to which they are being deported. However, the financial burden for deportation is generally covered by the UK government, not the individual being deported.
Government-Covered Costs:
- Arrest and Detention: The UK government covers expenses related to the arrest and detention of individuals in immigration removal centres. This includes accommodation, security, and welfare services while the individual is detained.
- Removal Arrangements: The government also bears the cost of coordinating removal logistics, such as booking transportation with airlines or other travel providers. This includes administrative costs and liaison with destination countries.
- Transportation Costs: The physical transportation of individuals from the UK is paid for by the government. This includes transport to airports or seaports and the cost of flights or other means of travel to their home country.
Factors Influencing Costs:
The total cost can vary depending on:
- Location of the Individual: If the person is detained far from the point of departure, transportation costs may increase.
- Destination Country: The cost of flights or other transport methods may differ based on the country of removal.
- Additional Resources: Special requirements, such as medical or security measures, can increase the overall costs.
While these costs are generally not publicly itemised, the UK government allocates funds for deportation as part of its immigration enforcement budget. This includes not just the direct costs but also administrative and operational expenses tied to the deportation process.
If you are seeking more specific guidance about deportation or require legal assistance with deportation appeals, asylum applications, or other immigration issues, Axis Solicitors offers expert advice and representation tailored to your needs. Our team is committed to helping you achieve the best possible outcome for you and your family.
Legal Services & Support
At Axis Solicitors, we provide a range of deportation-related services to help clients facing removal from the UK.
Our services include:
1. Challenging Deportation Orders
If you receive a deportation order from the Home Office, you need immediate legal assistance to challenge it. We can assess the legal grounds for your deportation and determine if there are any exceptions or reasons to prevent it. This includes exploring arguments based on family ties, human rights, or length of residence in the UK.
2. Appeals and Representation
In many deportation cases, you have the right to appeal a deportation decision, particularly if a human rights claim has been refused. We represent clients in appeals before the First-Tier Tribunal, ensuring that your case is presented clearly and effectively. Our solicitors have extensive experience in preparing strong appeals and delivering persuasive arguments to prevent deportation.
3. Judicial Review
If you have exhausted all other legal remedies and your deportation appeal has been unsuccessful, you may be eligible to apply for a Judicial Review (JR). This is a legal process that challenges the legality of the Home Office’s decision. Our team will assess the merits of your case and, if appropriate, assist in seeking a JR to ensure that the deportation decision is fair and lawful.
4. Voluntary Departure Advice
In some cases, clients may choose to voluntarily leave the UK rather than face forced deportation. We provide advice on the benefits and potential consequences of voluntary departure, helping you make informed decisions about your options. Voluntary departure may help you avoid a re-entry ban, and we can guide you through this process.
5. Protection for Qualifying Family Members
Deportation can have a significant impact on family life. If you have a qualifying child or partner in the UK, we can help you challenge your deportation by arguing that removal would be unduly harsh on them. We specialise in human rights arguments related to family life and private life under Article 8 of the European Convention on Human Rights (ECHR).
6. Complex Deportation Cases
We handle a wide range of complex deportation cases, including those involving individuals who have lived in the UK for most of their lives, those with extensive family ties, and individuals with criminal convictions. Our solicitors are skilled in navigating the intricacies of immigration law to develop the best possible defence against deportation.
Challenging Deportation
UK immigration laws are constantly evolving, making it essential to seek expert legal advice if you are facing deportation. At Axis Solicitors, we are committed to representing clients who require the specialised knowledge and support of immigration solicitors. If you are at risk of deportation, our team of experienced solicitors is here to assist you.
If you have received a custodial sentence of 12 months or more, or if you are considered a serious or persistent offender, the Home Office may investigate whether your removal from the UK is warranted. While you have the right to argue that deportation would interfere with your private and family life, the severity of your sentence and the nature of your offence may limit your ability to contest the removal.
Revoking a Deportation Order
If you have been deported from the UK, you are typically prohibited from reapplying to enter the country for 10 years. However, if there has been a significant change in circumstances, you may have grounds to challenge the deportation order and request that the ban be lifted. At Axis Solicitors, we can assist you in making formal representations to the Home Office, presenting your case for re-entry.
Challenging a Deportation Order
It is possible to appeal and potentially overturn a deportation order, especially if there are compelling human rights grounds. At Axis Solicitors, we have the expertise and experience to help clients successfully challenge deportation decisions. We work closely with a range of professionals, including probation services and healthcare specialists, to build a strong case on your behalf.
If the Home Office has indicated that they are considering deporting you, it is crucial to act swiftly. Making proactive representations to the Home Office as early as possible can improve your chances of success. Our solicitors can collaborate with your family, probation officers, and other relevant professionals to demonstrate that your deportation would be disproportionate. Should the Home Office proceed with a deportation order, we will represent you throughout the appeals process, including at your hearing.
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