A person who has been served with a notice of deportation and whose human rights or protection claim has been refused may appeal to the First Tier Tribunal. Foreign criminals excluded from automatic deportation under the UK Borders Act 2007 under section 33 are considered for deportation under the Immigration Act 1971. This is unless they are excluded from automatic deportation on the grounds that their deportation would breach the UK’s obligations under the Refugee Convention or the ECHR. Deportation would not be successful under the Immigration Act 1971.
Unless the human rights claim or the protection claim of the foreign offender is certified by the Home Office UKVI, there will be an in-country right of appeal against the notice of deportation served by the Home Office UKVI on the foreign offender.
A person who has been served with a notice of intention to deport can appeal against such notice within 14 days from the date of receipt of such notice. The notice of appeal must be filed with the First Tier Tribunal where the Immigration Judge will hear the appeal and decide whether or not the deportation is in accordance with the law.
Where the appeal against the deportation notice is successful on the grounds that the deportation will be in breach of the UK's obligation under Article 8 of the ECHR, he may be granted leave to remain for a period not exceeding 30 months. Such leave shall be given subject to such conditions as the Secretary of State deems appropriate. Such person may be granted an extension of stay for further period of 30 months if an extension of stay is sought before the expiry of such leave.
The immigration solicitors at Sunrise Solicitors are experts in dealing with deportation appeals. We can represent you in your deportation appeal and carry out all the work on your deportation appeal until decision by the immigration judge at First Tier Tribunal on your deportation appeal. The work to be carried out by our immigration solicitors on your deportation appeal will entail the following:
- Assessing the reasons given by the Home Office UKVI in the notice of deportation and discussing these reasons with you in detail;
- Discussing your deportation appeal matter in detail with you and advising you about the weaknesses and strengths of your deportation appeal;
- Advising you about possible grounds to appeal against the decision to deport;
- Advising you about the documentary evidence to be submitted in support of your deportation appeal;
- Assessing the documentary evidence to be submitted in support of the deportation appeal and discuss the same with you;
- Completing the relevant appeal form and discussing the same with you;
- Preparing the grounds of appeal in support of the deportation appeal;
- Preparing a cover letter to introduce and support the deportation appeal;
- Submitting the notice of appeal to the First Tier Tribunal with all the supporting documentation and grounds of appeal;
- Going through the respondent's bundle with you and discussing the same with you;
- Preparing a detailed witness statement of the appellant and any other witness(es) who will appear in court to give oral evidence;
- Preparing the indexed and paginated appeal bundles of documents to be submitted in support of the deportation appeal;
- Preparing brief to Counsel for the Counsel to prepare the skeleton arguements and to represent you in your deportation appeal hearing before the First Tier Tribunal immigration Judge;
- Arranging a pre-hearing conference with the Barrister who will discuss your case with you and advise you about the court procedures in relation to your deportation appeal;
- Doing all the follow up work until appeal determination is received from the First Tier Tribunal.
Unless your deportation appeal is very complicated, our fees for your deportation appeal are as given in the fee table below:
|Casework Stage||Our Fee|
Full service for your deportation appeal to cover all our work until a written decision is recieved from the immigration Judge of the First Tier Tribunal (FTT).
|From £2,000 + VAT To £3,500 + VAT|
The agreed fixed fee will depend on the complexity of your deportation appeal and the volume of casework involved in the deportation appeal. In addition to our fixed fee for your deportation appeal, you will also have to pay the court fee for the deportation appeal and the Barrister's fee for representing you in deportation appeal hearing before the Immigration Judge at the First Tier Tribunal (FTT).