London

020 7550 6166

Birmingham

0121 260 5566

Manchester

0161 504 0084

Chester

01244264100

What are the grounds for Deportation?

The Secretary of state can order deportation if the following apply:

  • Your deportation is considered to be conducive to the public good and in the public interest because you have been conceited of a criminal offence. If the Home Secretary believes that your deportation to be conducive to the public good. The assessment of public interest in deportation matters, is as follows:
    1. Risk of the foreign national will re-offend.
    2. Need to deter foreign nationals from committing serious crimes.
    3. Society’s disgust to serious crimes and building public confidence.
  • 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.
  • A family member of a deportee. This is a controversial ground for deportation, as the family member may not have committed an offence.

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.