27/03/17

Deportation Explained

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What is Deportation? | Kangs Immigration Advisory Solicitors

Deportation is the procedure by which a person is removed from the UK. A person can be deported (or administratively removed) from the UK for a number of reasons which are detailed as follows:

  • Deportation ‘Conducive to the Public Good’

The Home Secretary can decide that it is not in the public interest that a person remain in the UK and can make an Order for that person to leave the UK. Whilst that Order is in force, the person is barred from returning to the UK until it is revoked.

  • Deportation on National Security Grounds (Terrorism)

This method of deportation runs parallel to deporting persons whose presence in the UK is not ‘conducive to the public good’. However, the Home Secretary would base her decision to deport on the person being deemed a threat to the national security of the UK.

  • Commission of a Criminal Offence | Deportation Recommended by Criminal Courts

If a person has been convicted of a criminal offence, for which they have received a term of custody equal to 12 months or more, they will normally be subject to automatic deportation.

The 12 month term of custody must apply to a single offence. Deportation is not automatic if a person receives a term of imprisonment for 12 months or more due to consecutive sentencing.

Exceptions to Automatic Deportation

There are exceptions to automatic deportation which the person being removed can rely on:

  1. Removing the person would breach the 1951 Refugee Convention or the 1950 European Convention on Human Rights;
  2. If the person is under 18 at the time of conviction;
  3. If deporting the person would be in breach of EU Law (EEA Nationals);
  4. If the person is subject to certain provisions of Extradition Proceedings;
  5. If the person is subject to Mental Health Law;
  6. If deporting the person would breach the UK’s obligations under the 2005 Council of Europe Convention on Action against the Trafficking of Human Beings.

The Process | Deportation

When the Home Secretary makes the decision that a person should be deported they will communicate the same in writing in a Notice of Intention to Deport.

If the individual agrees to voluntarily leave the UK, then a Deportation Order will be issued and that person will be taken to a Detention Centre somewhere in the UK to await transport home. In this instance, the individual will normally be allowed to return, legally, to the UK at some point between 1 and 5 years.

If, however, the individual wishes to challenge the Home Secretary’s decision evidence will have to be provided to the Home Office as to why permission should be granted to remain in the UK.

If the challenge is rejected then a Deportation Order will be made and the individual will be detained. However, there may exist a right of appeal.

If the appeal is unsuccessful, the individual may be barred from returning to the UK for 10 years.

How Can We Help? | Kangs Immigration Solicitors

Kangs Solicitors has an established specialised Immigration department, able to assist in all aspects of Deportation from preparing evidence bundles, making representations and appealing decisions should the initial application be refused.

Please feel free to contact our Immigration team for advice.

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