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Deportation & Removal Challenges
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.
Challenges against Deportation
There is no longer an automatic right to appeal a deportation decision in most cases. However, 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.
The deportees however may see if they have any arguable human rights claim on the basis of Article 8 family life, under which they may have a right of appeal if the claim is not certified as clearly unfounded. This would also be the time to make a claim under any other grounds, as the deportees would normally be issued a one stop notice requiring to state all reasons for remaining in the UK which they have not already stated to the Home Office. If there is no right to appeal the deportation decision, and have not yet made a human rights or asylum application, the Deportee may have the option of applying for a judicial review particularly if the deportation is happening very soon and have arguable grounds.
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 if 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.
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.
An appeal made under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 will usually be to the First-tier Tribunal (Immigration and Asylum Chamber). The only exception is where it is certified under Schedule 1 of these regulations as having been taken in the interests of national security, in which case the appeal would be to the Special Immigration Appeals Commission.The appeal can be brought from within the United Kingdom or from outside the United Kingdom.The only exception is where it is certified under Schedule 1 of these regulations as having been taken in the interests of national security, in which case it can only be brought from out of country, unless the appellant has made a human rights claim while in the UK and there is no certification under regulation 15(4).