An increasing number of foreign nationals are being subjected to deportation orders. Our top London immigration solicitors can provide you with the best and most up-to-date advice and representation if you find yourself being ordered to leave the UK by the Home Office.
What is a deportation order?
If you’ve broken the Immigration Rules, for example by living in the UK illegally, the Home Office can make you leave. Most people call this being deported, but it’s technically called administrative removal (for simplicity it will continue to be called a deportation order in this article).
If you have been given a deportation order, you may not be able to re-enter the UK, even as a tourist on a Standard Visitor Visa obtained with the help of an immigration solicitor, for a certain period.
What are the reasons a deportation order can be made?
The Secretary of State can issue a deportation order for the following reasons:
- It is believed to be in the public good that the person subject to the deportation order is removed from the country.
- The foreign national is the spouse, civil partner or child of the person subject to a deportation order.
- The foreign national is over 17 years has committed a criminal offence and the court which sentenced him or her recommends that they be deported after they have served their prison sentence.
What happens if I receive a deportation order?
Once a deportation order has been made against you, you may be held in detention by the Secretary of State. Alternatively, you may be able to live at your normal address but restrictions will be placed on you. For example, you may have to report to an immigration facility/officer every week.
If you receive a deportation order, you need to quickly obtain the best immigration advice from a lawyer. They can help you understand why you have been given a deportation order and advise you on making an appeal.
Does a deportation order breach my human rights?
If a deportation breaches the UK’s commitments under the European Convention of human rights (ECHR) or the UN Refugee Convention, it may not be allowed.
There has been an enormous amount of controversy surrounding the human rights Act 1998 (which incorporates the ECHR into UK law) and the ability to deport foreign criminals.
It is believed that much of British Prime Minister, Theresa May’s desire to scrap the Bill of Rights Act results from her frustration in not being able to deport foreign-national criminals, especially Abu Hamza, the radical cleric who preached Islamist fundamentalism and militant Islam at a Finsbury Park mosque (he was eventually extradited to the United States where he is currently serving a sentence in Colorado).
There are two fundamental rights which could be breached when a deportation order is granted are the following: Article 3 of the ECHR which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment and/or Article 8 of the ECHR which states everyone has the right to respect for their private and family life.
However, analysis of deportation cases shows that it is very difficult to successfully fight a deportation order on human rights grounds. It is therefore crucial that if you plan to challenge a deportation order on human rights grounds, you instruct a top immigration solicitor to advise and represent you.
What factors will be taken into account in an appeal?
The Immigration Rules, Part 13, para 390 sets out the factors to be taken into account in deciding whether or not to revoke a deportation order. An application for revocation will be considered ‘in the light of all the circumstances’, including:
- the grounds on which the deportation 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
Can Secretary of State use a “deport now, appeal later” strategy to remove me quickly from the country?
In June 2017, the Supreme Court ruled that the government policy of “deport now, appeal later” was unlawful.
More than 1,100 foreign criminals had been removed from Britain under the system, which was introduced in July 2014. It was a Conservative manifesto pledge and denies foreign criminals the right to launch an appeal against deportation while they are in the country.
The Supreme Court ruled that deporting foreign criminals before appeal breached their human rights as it is likely to significantly weaken their case.
- The individuals and their immigration lawyers would face difficulties in giving and receiving the best instructions before and during an appeal hearing
- A factor in an effective appeal is the ability of the applicant to give live evidence on their family ties in the UK and whether they are a reformed character
- Evidence via video link may suffice but the financial and logistical barriers to giving evidence that way from abroad are insurmountable
The court ruled that the Home Secretary had failed to establish that the 'deport first, appeal later' rule struck a fair balance between the rights of the men and the interests of the community.
Thus, the decision was unlawful.
What is a removal order?
A removal order is used when a foreign national and their family do not have leave to remain in the UK (either because you did not have leave to come to the UK or your existing leave has expired).
You can also be made subject to a removal order if your leave to remain was based on certain conditions which you have subsequently breached, for example, you were not permitted to work and you did.
At OTS Solicitors, our top London based immigration lawyers can provide the best legal advice if you have received a removal order. The most important step is to ensure you contact us as soon as possible so we can examine the circumstances of your removal order. The Secretary of State is obliged to consider several factors before removing you from the country, including your age, how long you have been in the UK and the strengths of your connections and your domestic circumstances.
Our UK immigration lawyers will advise and represent you if you have grounds to challenge a removal or deportation order.
OTS Solicitors is one of the most respected immigration law firms in London. Our immigration team dealing with deportation and removal orders would be happy to talk to with you about your options.
By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.
If you wish to discuss any of the points raised in this blog, please phone our London office on 0207 936 9960.
For the best expert legal advice and outcome on your UK immigration application, contact OTS immigration solicitors on 020 7936 9960 or contact us online.
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Posted on: Wednesday, 02 August, 2017