Challenging a Deportation Order
Any foreign national who has committed a criminal offence or violated Immigration Rules in the UK, can potentially be at the risk of deportation. Deportation means the forced removal of any individual other than a British citizen on the basis that it is “conducive to the public good”.
Deportation Order
A foreign national can be ordered to leave the UK following a criminal offence or breach of immigration rules through a deportation order. When in force, it nullifies any leave to remain in the UK and may prevent the person from entering the country again.
Being served a notice of deportation can be frightening, therefore, the person who is being served with such order must contact an immigration solicitor forthwith.
Challenging a Deportation Order
The Home Office will notify the person about any deportation order. Although there is no automatic right to appeal against the decision to deport, an individual can make an application for revocation of the deportation order on human rights grounds.
Mainly a person can be deported if it is “conducive to the public good’, therefore, the public interest outweighs the interest of the individual being deported. A deportation order can be challenged if it breaches the person’s rights under the Human Rights Act 1998.
Any appeal against the deportation order should be made within 14 days (if, within the UK) of the date of the order. The appeal should outline the reasons why the person should not be deported and allowed to stay in the UK.
If no claim can be made on the basis of human rights, an individual may challenge the deportation decision through a judicial review application, this however should be assessed carefully and it is advised that a solicitor’s opinion is sought when doing so.
Right to Appeal Against the Deportation Order
The deportee may have a right to appeal to overturn a deportation order by arguing that deportation breaches the individual’s rights under Article 3 and Article 8 of the ECHR.
- Article 3 – Article 3 prohibits torture or inhuman treatment. If the deportee is subjected to degrading treatment, they can argue the breach of rights by the Home Office.
- Article 8 – This Article gives the individual a right to private or family life, however, it is not counted as an absolute right. An appeal made would not be successful if it is against the public interest or the person poses a threat to national security.
The right of appeal should be exercised within the valid period for it to be considered.
Getting a Decision on the Appeal
The notice of appeal should be given within 14 days (within the UK). A deportation order can be overturned through a successful appeal.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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