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.
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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.