Appeals Against Deportation
Foreign nationals who are living in the UK may be issued with a Deportation order if they commit a criminal offence in the UK which carries with it a custodial sentence, or if the Secretary of State otherwise believes that it is in the interests of the public good for them to be removed. All custodial sentences of more than 1 year will lead to an automatic deportation order being granted.
People who are the subject of a deportation order generally have an out of country right of appeal. Danielle and her team will discuss your options to ascertain whether there is a basis upon which we can appeal the deportation. It may be that there are compelling human rights grounds for you to remain in the UK.
Danielle Cohen solicitors are often asked to assist in the application for revocation of a Deportation Order. A foreign criminal liable to deportation can claim that his deportation will be contrary to the United Kingdom’s obligations under Article 8 of the Human Rights Convention and can apply for this deportation order to be revoked.
Usually the public interest in deportation would only not be outweighed by other factors unless there are very compelling circumstances, for example if the person has a genuine and subsisting parental relationship with a child under the age of 18 who is in the UK and the child is a British citizen or has lived in the UK continuously for at least seven years, and it would be unduly harsh for the child to live in the country to which the person has been deported. It can also be argued that it would be unduly harsh for the child to remain in the UK without the parent who is to be deported. Another argument is that the person has a genuine and subsisting relationship with a partner who is in the UK and is a British citizen or settled in the UK and the relationship was formed at a time when the person, the deportee, was in the UK lawfully and their immigration status was not precarious and it would be unduly harsh for that partner to live in the country to which the person is to be deported.
If you have been served with a deportation order, it is advisable to seek legal advice immediately, so please call us if you have any queries or concerns on 020 7267 4133 and one of our immigration lawyers will be able to assist you.