Deportation UK

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 deportation. Anyone else, including foreign nationals for example, 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.

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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.

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.

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