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Deportation means being forced to leave the UK and being unable to return for at least 10 years. It is used for non-British citizens who have committed criminal offences. If the Home Office wants to deport you, you will be given a notice of a decision to deport. This is a letter which explains the Home Office’s reasons for wanting to deport you. There is no automatic right of appeal against deportation. A right of appeal is limited to a decision to refuse a Human Rights claim.

Deportation solicitors uk

At Danielle Cohen Solicitors we focus on the relationship between the Immigration Rules which came into force on 9th July 2012, and domestic and European case law and Article 8 of the ECHR, as they apply to cases involving deportations on the grounds that it is conducive to the public good. We fight against the proposed deportation from the UK of our clients and advise them about the changes that were brought about by the Immigration Rules which came into force on 9th July. These Rules state that deportation will apply regardless of when the Notice of Intention to Deport or Deportation Order was made or served.

The new Rules applying to the assessment of Article 8 cases in the deportation context are divided into two categories:

  1. Those sentenced to at least four years imprisonment, for whom the public interest in deportation will normally outweigh Article 8 considerations, other than in exceptional circumstances, and
  2. Those whose deportation is pursued either on the basis of a sentence of less than four years but more than 12 months or because their deportation is conducive to the public good because the offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.

Under this category, it is necessary to see whether either paragraph 399 or 399(a) applies. If they do not, deportation will follow other than in exceptional circumstances.

Paragraph 399 deals with family life cases and applies where:

    1. He/she has a genuine and subsisting parental relationship with a child who is either British, or has resided in the UK for at least seven years and it would not be reasonable to require the child to leave the UK and there is no other family member who is able to care for the child in the UK OR
    2. He/she a genuine and subsisting relationship with a partner who is British or has indefinite leave to remain and (a) has lived in the UK with valid leave for
      at least 15 years (excluding any period of imprisonment) and (b) there are insurmountable obstacles to family life continuing outside the UK.

Paragraph 399(a) deals with private life cases and applies where:

1)He/she has resided in the UK for at least 20 years and has no social cultural or family ties with the country of return or

2)He/she is under 25 and has resided in the UK for at least half of his/her life and has no social, cultural or family ties with the country of return.

It will be immediately obvious that this sets the barrier very high and that many cases which have succeeded in establishing that deportation would be disproportionate under Article 8 ECHR would not succeed in meeting the requirements of these paragraphs and could only succeed under the Immigration Rules in exceptional circumstances.

However, despite the attempt by the Secretary of State to limit the application of Article 8 to circumstances set out in the Immigration Rules, a set of decisions of Upper Tribunal have established that the Rules are not exhaustive of the requirements of Article 8. When the Secretary of State threatens to deport our clients from the UK we will use these cases.
Get in touch for expert advice
Danielle invites you to take a look at her blog, where you will see that she has helped a diverse range of clients facing deportation.

If you have any questions about the process or you are facing deportation, please contact Danielle on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you.

Does voluntary departure from the UK count as deportation?

 Deportation is very different from when you leave the UK voluntarily, or from when you are removed from the UK, i.e. when the Home Office enforces your removal. 

Deportation is the enforced removal of someone for the ‘public good’, usually after serving a prison sentence in the UK.  The Immigration Rules state that if you are sentenced to a prison sentence of more than 12 months on a prison sentence, your deportation is deemed to be conducive to the public good.   

When can I come back to the UK after a deportation?

If you have been deported from the UK at any time, you must apply in writing for a revocation of the Deportation Order, and wait for the outcome of the revocation request before you can travel back to the UK, or before you can apply for an entry clearance application.  Applications for the revocation of a Deportation Order can be made at any time and the application for revocation will take the form of a letter or representations from a solicitor. The revocation of a Deportation Order will not normally be authorised unless the situation has changed dramatically since the Deportation Order was made.

Paragraph 391 of the Immigration Rules confirm that in the case of a conviction for an offence in which the person was sentenced to a period of imprisonment of less than four years, 10 years should have elapsed before the Deportation Order can be revoked. 

Can you be deported if you have a child in the UK ?

Having a British child is not a guarantee that you will not be deported.  The starting point is that the Home Office has a legal duty to promote and safeguard the welfare of a child, but they often say that there is nothing to show that the child’s welfare will be affected by the parent being deported and you need to demonstrate that the child will be harmed if the parent is removed.  

Could I face deportation after a criminal conviction in the UK ?

Deportation is a statutory power given to the Home Secretary, and a person who is not a British citizen can be liable to Deportation if it is deemed to be conducive to the public good.  If you are made subject to a Deportation Order then you will be required to leave the UK. The Order will authorise your detention until such time as you are deported and will prohibit you from re-entering the country as long as it is in force and will invalidate any leave to remain that you had before the Order was made. 

Can you be deported if you are a British citizen?

The Secretary of State for the Home Department can seek to take away your citizenship by way of nullity or deprivation.  Nullity is where it is discovered by the Home Office that the applicant was not the real person to be granted with British citizenship, which means that the granting of citizenship in the first place never took place.  The other way of taking someone’s British citizenship is by way of deprivation.  The Home Office has the power to deprive someone of their British citizenship under section 40 of the British Nationality Act 1891 on the grounds of fraud, false representations, concealment of material fact or because it is conducive to the public good.  

It will be conducive to the public good if an applicant is involved with terrorism, serious organised crime, War Crimes etc.  For the Secretary of State to have a British citizen deported, they have first to strip them of their nationality, as long as it will not make them stateless.  

Until recently the power to deprive a person of their British citizenship on the grounds of behaviour was almost unheard of, but the legal constraints on this power have been loosened over the years.  

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