Deportation

The Criteria for a UK Deportation Order

A foreign national may be made the subject of a deportation order for several reasons. These include:

• The Secretary of State believes that is in the interests of the public good that the foreign national is removed from the UK.
• The foreign national is the spouse, civil partner or child of an individual who is the subject of a deportation order; or
• The foreign national is over 17 years old, has been convicted of a criminal offence which carries with it a prison sentence and the court which sentenced the foreign national recommended that he be deported once he has served his sentence.

The Right to Appeal against your UK Deportation Order

There may be a right of appeal against refusal to revoke a deportation order. Where an appeal does lie, the right of appeal will be notified at the same time as the decision to refuse to revoke the order. If a notice of appeal is given within the period allowed, a summary of the facts of the case on the basis of which the decision was taken will be sent to the appropriate appellate authorities, who will notify the appellant of the arrangements for the appeal to be heard.

A person who has been served with a notice of intention to deport can appeal against such notice within 5 working days from the date of receipt of such notice. The notice of appeal must be filed with the First Tier Tribunal where the Immigration Judge will hear the appeal and decide whether the deportation is in accordance with the law.

Revocation of Deportation Order

In accordance with paragraph 390 of the Immigration Rules, an application for revocation of a deportation order will be considered in the light of all the circumstances including the following:

• The grounds on which the order was made
• Any representations made in support of revocation
• The interests of the community, including the maintenance of an effective immigration control
• The interests of the applicant, including any compassionate circumstances

Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.

Why choose Westridge Legal?

Deportations can become very complicated very quickly and it is important that you obtain legal advice upon receiving notice of a deportation. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.