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.
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.
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Frequently Asked Questions
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  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.
The government’s system for deporting foreign criminals before they have had a chance to appeal breaches their human rights, the Supreme Court has ruled.
The Supreme Court in R (Nouazli) v Secretary of State for the Home Department  UKSC 16 makes it clear that EEA nationals can be