Detention & Deportation
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Detention & Deportation
If you do not have a valid leave to remain in the UK and there is no application or other proceedings pending with the Home Office or Immigration Tribunals, you may get detained and deported.
You may be Detained or Deported if you…
Entered in the UK Illegally
You may have been detained on an immigration issue if you entered the UK illegally, or if you stayed in the UK longer than you were authorised to.
Are living illegally in the UK
If you do not have leave to remain in the UK and there is no application or other proceedings pending, the Home Office may detain you for administrative removal.
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.
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 favor 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.
What are the 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:
- The person is 17 years or over.
- 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.
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’ve 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.
