Deportation Order | Removal Notice
Deportation is the removal of someone from the United Kingdom, due to immigration or administrative reasons. It is also a legal process for expelling a person from the United Kingdom, this could be because:
- they have no right to remain in the United Kingdom, or
- the Home Office is of the opinion that such a person’s deportation is ‘conducive to the public good’.
If you have been served with a deportation order or a removal notice contact us now to speak with one of our specialist immigration solicitor’s who will advise you on the next steps to take.
A person is normally sent back to their country of origin. The only exception to this instance is if it would not be safe to return the person to their country of origin.
Even European nationals can also be deported from the United Kingdom; this will largely depend on the gravity of the offence committed. The courts in the United Kingdom can sometime recommend that a person should be deported, if they convicted by the court and fall within the criteria below namely that they are:
- over the age of 17
- not a British citizen, and
- the alleged offence is punishable by imprisonment if they were an adult. As a matter of fact before a court in the United Kingdom recommends someone for deportation it must consider the following:
- the person’s criminal record and how long it is for;
- whether the person presence in the UK is ‘conducive to the public good;
- the nature of the alleged offence committed and how serious it is
Automatic deportation under section 32 of the UK Borders Act 2007
In some cases a foreign criminal is automatically considered for deportation, which also includes both European Economic Area (EEA) nationals and non EEA nationals, while British citizens are excluded from deportation. The following are the criteria which the Home Office usually considers for automatic deportation which are that:
- the person must not be a British citizen
- the person must have been convicted in the United Kingdom of an offence, and
- the person must have been sentenced to a period of imprisonment of at least 12 months for a non EEA national, or 24 months for an EEA national, or
- the person must have been convicted of an offence specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002.In order for deportation to take place:
- it must be conducive to the public good, and
- the Secretary of State must make a deportation order. There are some exceptions to this which are explained in section 33 of the UK Borders Act 2007. The Immigration Act 2014 has increased the threshold for any person with a deportation order to satisfy in order to regularise their stay in the United Kingdom, due to the public interest element that have been incorporated into the rules.
What can you do if you are served with a deportation order?
At Vincent Solicitors when have an experience team of solicitors who are exceptionally good at handling complex and difficult deportation cases. It should also be noted that the life span for a deportation order is ten years. The Home Office will usually give anyone liable to deportation an opportunity to make representations why they should not be deported. It is imperative that legal advice is sought before replying to the Home Office’s request.
A decision to deport is usually issued to a person before the end of the person’s sentence together with the relevant appeal forms. If you do not take the relevant steps to submit an appeal you will be unable to challenge the deportation order against you.If you decide to lodge an appeal against your deportation, this usually will be heard at the First-tier Immigration & Asylum Chambers Tribunal and it is imperative you gather sufficient evidence to enable you challenge the Home Office’s decision to deport you.
The First-tier tribunal is usually concerned with what steps you have taken to deal with your offending behaviour and if there is a risk of you re-offending in the future. It is imperative you partake in all relevant course work and any psychological assessment you will be seeking to rely on at the tribunal demonstrates evidence of your progress.
There are also instances, when deportation can only be challenged at the Upper Tribunal by Judicial Review, especially where a person was never given a right of appeal, or if given a right of appeal but failed to submit his appeal at the First-tier Tribunal on time and if an application to enable the person submit appeal out of time have been refused by the tribunal, then the remedy that would be available would now have to be Judicial Review, which must be brought within three months of the Home Office decision. Judicial review is an application that is brought by an individual challenging the lawfulness of a decision or action of a public body like the Home Office.
What if you are facing deportation and your matter is classified as a Nexus Case?
It is important to know that operation nexus is a scheme involving the metropolitan police and the Home Office where by intelligence is used by the authorities to deport any foreigner who commits a crime in the United Kingdom. Are you facing deportation, it is important that you contact us quickly, at Vincent Solicitors we have a dedicated immigration team of experienced and qualified solicitors that will greatly assist you with any queries needed regarding your deportation.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in instalments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation.