Deportation order requires the subject to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as the deportation order is in force and invalidates any leave to enter or remain in the United Kingdom given to him before the Order is made or while it is in force.

 

 

The circumstances in which a person is liable to deportation include:

(i) where the Secretary of State deems the person's deportation to be conducive to the public good;

(ii) where the person is the spouse or civil partner or child under 18 of a person ordered to be deported; and

(iii) where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.

 

Subject to paragraph 380 of the Immigration Rules, while each case will be considered on its merits, where a person is liable to deportation the presumption shall be that the public interest requires deportation. The Secretary of State will consider all relevant factors in considering whether the presumption is outweighed in any particular case, although it will only be in exceptional circumstances that the public interest in deportation will be outweighed in a case where it would not be contrary to the Human Rights Convention and the Convention and Protocol relating to the Status of Refugees to deport. The aim is an exercise of the power of deportation which is consistent and fair as between one person and another, although one case will rarely be identical with another in all material respects.

 

 

Deportation of Family Members

 

 

Section 5 of the Immigration Act 1971 gives the Secretary of State power in certain circumstances to make a deportation order against the spouse, civil partner or child of a person against whom a deportation order has been made. The Secretary of State will not normally decide to deport the spouse or civil partner of a deportee where:

(i) he has qualified for settlement in his own right; or
(ii) he has been living apart from the deportee.

 

The Secretary of State will not normally decide to deport the child of a deportee where:
(i) he and his mother or father are living apart from the deportee; or
(ii) he has left home and established himself on an independent basis; or
(iii) he married or formed a civil partnership before deportation came into prospect.

 

In considering whether to require a spouse or child to leave with the deportee the Secretary of State will take account of all relevant factors, including, as well as the following:

(i) the ability of the spouse or civil partner to maintain himself and any children in the United Kingdom, or to be maintained by relatives or friends without charge to public funds, not merely for a short period but for the foreseeable future; and
(ii) in the case of a child of school age, the effect of removal on his education; and
(iii) the practicality of any plans for a child's care and maintenance in this country if one or both of his parents were deported; and
(iv) any representations made on behalf of the spouse or child.

 

Where the Secretary of State decides that it would be appropriate to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed.

 

 

A deportation order may not be made while it is still open to the person to appeal against the Secretary of State's decision, or while an appeal is pending. There is no appeal within the immigration appeal system against the making of a deportation order on the recommendation of a court; but there is a right of appeal to a higher court against the recommendation itself. A deportation order may not be made while it is still open to the person to appeal against the relevant conviction, sentence or recommendation, or while such an appeal is pending.

 

 

Persons who have claimed asylum

 

 

According to paragraph 380 of the Immigration Rules a deportation order will not be made against any person if his removal in pursuance of the order would be contrary to the United Kingdom's obligations under the Convention and Protocol relating to the Status of Refugees or the Human Rights Convention.

 

 

While a person’s claim for asylum is pending he may not be removed from the UK. (Section 77(1) (a) of the 2002 Act).

 

 

If an asylum claim is made after Notice of Intention to Deportation has been served then that notice need not be withdrawn while consideration is given to the asylum claim and consideration of both can occur simultaneously.

 

 

Procedure

 

 

According to paragraph 381 of the Immigration Rules when a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal.

 

 

Arrangements for removal

 

 

A person against whom a deportation order has been made will normally be removed from the United Kingdom. The power is to be exercised so as to secure the person's return to the country of which he is a national, or which has most recently provided him with a travel document, unless he can show that another country will receive him. In considering any departure from the normal arrangements, regard will be had to the public interest generally, and to any additional expense that may fall on public funds.

 

 

According to paragraph 386 of the Immigration Rules a person will not be removed as the subject of a deportation order while an appeal may be brought against the removal directions or such an appeal is pending.

 

 

Returned deportees

 

 

According to paragraph 388 of the Immigration Rules where a person returns to the UK when a deportation order is in force against him, he may be deported under the original Deportation Order. The Secretary of State will consider every such case in the light of all the relevant circumstances before deciding whether to enforce the order.

 

 

Returned family members

 

 

According to paragraph 389 of the Immigration Rules HC 395 (as amended) family members deported with a person may be able to seek re-admission to the United Kingdom under the Immigration Rules where:

 

(i) a child reaches 18 (when he ceases to be subject to the deportation order); or
(ii) in the case of a spouse or civil partner, the marriage or civil partnership comes to an end.

 

 

Revocation of deportation order

 

 

In accordance with paragraph 390 of the Immigration Rules, an application for revocation of a deportation order will be considered in the light of all the circumstances including the following:

(i) the grounds on which the order was made;
(ii) any representations made in support of revocation;
(iii) the interests of the community, including the maintenance of an effective immigration control;
(iv) the interests of the applicant, including any compassionate circumstances.

 

According to paragraph 391 of the Immigration Rules, in the case of an applicant who has been deported following conviction for a criminal offence continued exclusion
(i) in the case of a conviction which is capable of being spent under the Rehabilitation of Offenders Act 1974, unless the conviction is spent within the meaning of that Act or, if the conviction is spent in less than 10 years, 10 years have elapsed since the making of the deportation order; or
(ii) in the case of a conviction not capable of being spent under that Act, at any time, unless refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees.
will normally be the proper course. In other cases revocation of the order will not normally be authorised unless the situation has been materially altered, either by a change of circumstances since the order was made, or by fresh information coming to light which was not before, or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also in itself amount to such a change of circumstances as to warrant revocation of the order.

 

 

Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.

 

 

Rights of appeal in relation to a decision not to revoke a deportation order

 

 

There may be a right of appeal against refusal to revoke a deportation order. Where an appeal does lie, the right of appeal will be notified at the same time as the decision to refuse to revoke the order.

 

 

Who is exempt from deportation?

 

 

According to the Home Office Policy Instructions, the following persons are exempt from deportation:

• British citizens

• those with the right of abode in the UK;

• under section 7 of the 1971 Act, persons who were Irish or Commonwealth citizens on the 1st January 1973, who were ordinarily resident in the UK on the 1st January 1973 and who have been ordinarily resident in the UK and Islands for the last 5 years prior to the date of any decision to deport i.e. the notice of intention to deport.
  (Note: Under section 7(3) of the 1971 Act the 5 years prior to the decision to deport excludes periods of 6 months or more where the person was serving a criminal sentence).

• those who are exempt from control by virtue of their diplomatic status (section 8(3) of the 1971 Act as amended by section 4 of the 1988 Act and Section 6 of the 1999 Act);

• those who are exempt from control by virtue of their consular status (section 8(4) of the 1971 Act);

• anyone born outside the UK prior to 1 January 1983 who is a Commonwealth citizen whose mother was a citizen of the UK and Colonies by birth at the time of the birth. Such people have the right of abode under section 2(1) (b) of the 1971 Act but are not British citizens;

Important changes to Home Office deportation policy

 

 

As of 1 August 2008, Home Office will consider for deportation a new category of foreign national offender. From this date, Non-EEA nationals who are convicted in the UK and receive a custodial sentence of any length for an offence relating to the supply of class A, B or C drugs will be considered for deportation. This is in addition to those already considered for deportation.

 

Where the sentence imposed is 12 months or more, the duty to deport will remain under the automatic deportation provisions of the UK Borders Act 2007. Where the provisions of the UK Borders Act 2007 do not take effect, cases will be assessed under the provisions of the Immigration Act 1971.

 

 

OUR SERVICES

 

 

Please contact us if you are seeking legal help from immigration lawyers in London in relation to your appeal against the decision of the Home Office to deport you from the United Kingdom following a criminal conviction in the UK and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

 

 

If instructed to represent you regarding your application, we will do the following for you:

• Our immigration solicitors will take Detailed Instructions from you and advise you about the relevantimmigration law and procedure to be adopted by the Asylum and Immigration Tribunal in dealing with your Appeal

• Our immigration solicitors will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case

• Our immigration solicitors will advise you about possible grounds to appeal against the notice of intention to deport

• Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your appeal

• Our immigration solicitors will consider contents of the documentary evidence to be submitted in support of the appeal and discuss the same with you

• Our immigration solicitors will complete the relevant appeal form and discuss the same with you

• Our immigration solicitors will prepare grounds of appeal in support of the appeal

• Our immigration solicitors will prepare a covering letter to introduce and support the appeal

• Our immigration solicitors will submit notice of appeal to the Asylum and Immigration Tribunal with all the supporting documentation

• Our immigration solicitors will discuss the contents of the respondent's bundle with you and prepare a detailed witness statement to be submitted in support of the appeal

• Our immigration solicitors will prepare witness statements of any other witness(es) who can give evidence in the court in support of the appeal

• Our immigration solicitors will prepare the indexed and paginated appeal bundles of documents to be submitted in support of the appeal

• Our immigration solicitors will arrange a pre-hearing conference with our Barrister/Advocate who will discuss your case with you and advise you about the court procedure in relation to your appeal

• Our Barrister/Advocate will represent you before the Immigration Judge at Asylum and ImmigrationTribunal in your appeal hearing

• Our immigration solicitors will discuss your court hearing with you and discuss with you the likely outcome of the appeal hearing

• Our immigration solicitors will do all the follow up work until decision is reached on your appeal.

• Our immigration solicitors will advise you about the implications of the decision on your appeal.

 

OUR FEES

 

• We will charge you a fee from £1,500.00 + VAT for our professional immigration services. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.

• Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her immigration matter.

• If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instrucing us and rest of the fee can be paid by monthly installment.

• It is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Medical Reports etc. The agreed fee will cover In-House Advocate's fee for representing you at Asylum and Immigration Tribunal.