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Deportation & Administrative Removal

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Deportation & Administrative Removal

Deportation refers to the process of removing an individual, normally for the purpose of ‘public good’ and is usually applicable to foreign criminals sentenced for over 12 months in the UK. Administrative Removal on the other hand is the process under which individuals are removed from the UK if they have no right to remain in the UK.

Deportation
The Secretary of State for the Home Department (SSHD) has the discretionary power to make a deportation order by virtue of Section 5 of the Immigration Act 1971. Deportation order requires an individual to leave the UK and prohibits from re-entry when the order is still in force. The SSHD may consider deportation in the following scenarios:
  • SSHD considers deportation to be ‘conductive to the public good’;
  • Individual deported is a member of the family of a deportee;
  • Recommended by court for deportation, in the case of an individual over 17 years old and convicted for an offence punishable with imprisonment.
British citizens and those with the right of abode cannot be deported.The consequences of a deportation order are likely to be profound and life-changing both for the individual who is being deported and for their family members alike. Individuals being issued with deportation order only have a limited window to challenge this and must take expert legal advice immediately.
Administrative Removal
The administrative removal refers to the process under which an individual can be removed from the UK by the authority of SSHD or an Immigration officer if they do not have a valid leave to remain in the country. The following group of people faces risk for removal under this process:
  • Individuals failing to adhere to the conditions of their leave;
  • Illegal entrants or Overstayers;
  • Individuals who obtained or sought to obtain leave by deception;
  • Family members of any such people

The Home Office has a duty to notify those liable for removal and the notice period is 7 calendar days for those who are not detained and 72 hours for those in detention. It is possible to challenge the removal order during the notice period. The Home Office has a 3 month removal window once the notice period has expired to remove the individuals. There is no automatic right of appeal to a deportation order, but you may find here other possible challenges that an individual can bring against a removal order.

How can we assist?
Our Immigration lawyers at City Legal can assist you in providing expert advice and representation on deportation matters. Deportation is a complex area of immigration law, and our lawyers are highly qualified and experienced to deal with the matter. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
Generally, it is very difficult to re-enter the UK ij someone has been deported or removed, unless 10 years have passed or without revocation of such an order. It is however possible for a deported child, who then attains 18 years of age and a family member of a deportee whose relationship comes to an end to re-enter the UK.
British Citizens and those with right of abode are not normally deported. Deportation and administrative removal are prohibited if either would be contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR.
Section 120 notice imposes an ongoing duty on an individual to keep the Home Office informed of changes in their circumstances which give rise to new grounds for remaining in, or not being required to leave, the United Kingdom.
There is no longer an automatic right to appeal a decision for deportation.The applicants may wish to see if they have any other grounds for remaining in the UK – for example a Human Rights claim based on private and family life that renders an appeal right if refused. It is also possible for the individuals to apply for Judicial review, especially if the deportation is set to happen very soon and have arguable legal grounds. If a person is granted pre-settled status or settled status under the EUSS or has leave to enter having arrived in the United Kingdom with a valid EUSS Family Permit and a decision is taken to make a deportation order under section 5(1) of the Immigration Act 1971 on or after 11pm on the 31 January 2020, there is a right of appeal against the decision.

It is possible for the Secretary of State to deport EU nationals, particularly due to criminal offending.  The High court recently confirmed that Home Office’s deport first, appeal later’ is unlawful in the context of EU nationals in the case of  Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). The Home Office can still certify cases and deport EU nationals before their appeals have concluded, but must do so in accordance with EU law and the test for certification has become more stringent.

INSIGHTS
Articles
Article 3 (Health Grounds) and Deportation;

The case is important for foreign citizens residing in the UK who committed serious crimes as it determines whether Human Rights considerations, particularly Article 3 apply in deportation cases.

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