Application For Revocation Of Deportation Order
A person who has previously been served with a deportation order can apply to the Home Office UKVI for revocation of the deportation order. An applicant who has previously been deported from the UK at any time must apply in writing for a revocation of the Deportation Order and wait for the outcome of the revocation request before they can apply to come to the UK.
An application for entry clearance from a person with an extant Deportation Order will be refused automatically. Entry in breach of a Deportation Order is a criminal offence under section 24 (1) (a) of the 1971 Act. Any leave acquired prior to the Deportation Order is invalid.
Applications for the revocation of a Deportation Order can be made at any time. The Deportation Order must be revoked in order for the applicant to lawfully travel to the UK. Paragraph 392 of the Immigration Rules states that applications for the revocation of a Deportation Order can be submitted either to the Entry Clearance Officer or direct to the Home Office.
A person can apply at any time for revocation of a Deportation Order made against them. The Immigration Rules do not set any specific period before which an application would normally be refused.
Revocation of a Deportation Order will not normally be authorised unless the situation has materially altered, either by a change in circumstances since the Deportation Order was made, or by fresh information coming to light which was not available at the time the Deportation Order was made. The passage of time since the person was deported may in itself amount to such a change in circumstances.
In the case of a person who has been deported following conviction for a criminal offence, Paragraph 391 of the Immigration Rules confirms that the continuation of a Deportation Order against that person will be the proper course:
- in the case of a conviction for an offence for which the person was sentenced to a period of imprisonment of less than 4 years, unless 10 years have elapsed since the making of the Deportation Order when, if an application for revocation is received, consideration will be given on a case-by-case basis as to whether the Deportation Order should be maintained, or
- in the case of a conviction for an offence for which the person was sentenced to a period of imprisonment of at least 4 years, at any time.
This will be the case unless, in either case, the continuation would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, or there are other exceptional circumstances that mean the continuation is outweighed by compelling factors.
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:
- the grounds on which the order was made;
- any representations made in support of revocation;
- the interests of the community, including the maintenance of an effective immigration control;
- the interests of the applicant, including any compassionate circumstances.
Revocation of a Deportation Order does not entitle the person concerned to re-enter the United Kingdom; it renders them eligible to apply for admission under the Immigration Rules.
Where an application to the Home Office for the revocation of a Deportation Order has been made and it is decided to revoke the Deportation Order, the Home Office will send a letter explaining this decision. This will confirm that revocation of the Deportation Order in itself gives no entitlement to entry to the UK.
Where an application for revocation of deportation has been refused, the refusal decision notice, together with the appeal form will be sent to either:
- the applicant’s representative in the UK if the application was made direct to the Home Office from within the UK; or
- the Entry Clearance Officer (ECO) for onward transmission if the application to have the Deportation Order revoked was made from abroad.
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.
Any decision to refuse to revoke a deportation order made on or after 10 November 2014 will not attract a right of appeal unless there is also an associated decision to refuse a protection claim, refuse a human rights claim or revoke protection status. Where the person has already been deported, only a decision to revoke a non-protection human rights claim will be relevant.
The immigration solicitors at Sunrise Solicitors are experts in dealing with application for revocation of deportation order. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in relation to your application for revocation of deportation order and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
If instructed to represent you regarding your application for revocation of deportation order, our work will entail the following:
- gathering detailed information from you about your past immigration history which led to deportation order being made against you;
- considering all the information and evidence related to your past history and discussing the same with you;
- considering new material information which can become basis of your application for revocation of the deportation order;
- advising you about the weaknesses and strengths of your application for revocation of deportation order;
- advising you about the documentary evidence to be submitted in support of your application for revocation of the deportation order;
- assessing the documentary evidence to be submitted in support of the application and discussing the same with you;
- preparing detailed witness statements to explain the personal circumstances including any human rights based on which revocation of the deportation order is being sought;
- preparing detailed letter of legal representations for the revocation of the deportation order and submitting legal representations with all the appropriate evidence to the Home Office UKVI;
- doing all the follow up work until decision is reached on your application for revocation of deportation order.
Unless your matter is very complicated, our fixed fees for application for revocation of deportation order are as given in the fee table below:
|Our Service||Our Fee|
|Full service for your application for revocation of deportation order to cover all the work until decision by the Home Office UKVI||From £1,500 + VAT To £3,000 + VAT|
The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application.