What is Deportation?
Deportation is the process for the formal removal from the UK of a foreign national to his or her country of citizenship or permanent residency for a number of reasons which include the following:
- Conducive to the Public Good
The Home Secretary may decide that it is not in the public interest for a person to remain in the UK and Order that person to leave. Whilst that Order remains in force, the person is barred from returning to the UK.
- National Security Grounds (Terrorism)
Running parallel to deportation which is ‘Conducive to the Public Good’, the Home Secretary may deem an individual to be a threat to the national security of the UK.
- Commission of a Criminal Offence
Conviction of a criminal offence resulting in a term of custody for at least twelve months normally leads to automatic deportation.
The term of custody must apply to a single offence as deportation is not automatic if it arises from consecutive sentencing.
Exceptions to Automatic Deportation
Exceptions to automatic deportation may apply where:
- the 1951 Refugee Convention or the 1950 European Convention on Human Rights may be breached,
- the person is under the age of eighteen at the time of conviction,
- deportation would breach EU Law (EEA Nationals),
- certain discreet extradition provisions apply,
- Mental Health considerations are an issue,
- deportation would breach the 2005 Council of Europe Convention on Action against the Trafficking of Human Beings.
The Administrative Procedure
Following the decision that a person should be deported, the Home Secretary will issue a Notice of Intention to Deport.
If the individual agrees to leave voluntarily:
- a Deportation Order will be issued
- the individual will be taken to a Detention Centre and
- the individual will normally be allowed to return, legally, to the UK upon appropriate application after a minimum period commencing at one year.
Should the individual challenge the Home Secretary’s decision:
- evidence supporting the objection will have to be provided to the Home Office
- if rejected a Deportation Order will be made and enforced
- there may exist a right of Appeal or to pursue a Judicial Review.
- if unsuccessful, the individual may be barred from returning to the UK for ten years.
How Can We Help?
Kangs Solicitors has an established specialist Immigration Department, able to assist in all aspects of asylum and immigration at all stages from application preparation to representation at Tribunal and any subsequent Appeal Hearings.
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team through either of the following who will be happy to speak to you and guide you:
Languages spoken: English, Turkish, Urdu, Punjabi, Hindi