Our specialist London immigration lawyers are based in the legal heart of the UK, in London’s Middle Temple (a Barristers’ Inn of Court). Our team provides the strongest possible UK Immigration Law advice to ensure that any deportation orders or removal notices are fully challenged. To contact our immigration team about your case, call ☎ 02071830570.
When challenging deportation or removal from the UK instructing qualified expert immigration lawyers from the outset (when it matters the most) is vital in order to ensure you achieve the best possible result for yourself or a family member. Our immigration team is comprised of fully qualified Solicitors and Barristers with a wealth of experience and success in challenging Home Office/UKBA deportation orders and removal orders.
What are UK Deportation Orders?
Deportation orders are defined in section 362 of the Immigration Rules as an order that:
“requires the subject to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force.”
Deportation orders are most often a consequence of the conviction of a foreign national for a crime in the United Kingdom, however can also be brought if deportation is assessed to be conducive to the public good and/or the person is the partner or dependent child of the person to be deported. A Notice of Intention to Deport is often served on individuals liable to be deported.
What are UK Removal Directions or Removal Orders/Notices?
Removal Directions are deployed by the UKBA if you or a family member does not have leave to remain in the UK and represent notification that a decision to remove has been taken. These apply whether you came to the UK without obtaining leave prior to entry or the existing leave has expired. You may also be removed if you had leave to stay on certain conditions, and you have not kept to the conditions.
If the UKBA decides to remove you, you will be served with Removal Directions (also known as Immigration Removal Notices, Section 10 Notice or Administrative Removal Notice). There may sometimes be a long delay between deciding to remove you and sending Removal Directions and in spite of this you may be required to leave very soon thereafter. In the circumstances, you should seek legal representation without delay.
Why am I being Removed and Deported from the UK?
Most of the clients we represent in challenges to UK deportation or removal proceedings are in UKBA Immigration Removal Centres for one of three reasons: (1) a criminal conviction or arrest, (2) overstaying in the UK or (3) refusal of an immigration application.
Under the Immigration Act 1971 the Secretary of State will decide whether a person is liable for a deportation order. , taking into account the following grounds:
- The person is not a British citizen; and
- The person has been convicted of a criminal offence; and
- The sentencing judge recommended deportation (section 3(6)); or
- The Secretary of State has deemed deportation to be conducive to the public good (section 3(5)(a))
Grounds for ‘Automatic’ Deportation
On 1 August 2008, the UK Borders Act 2007 came into force. This created an additional provision for ‘automatic’ deportation from the UK. In practice, this means that section 32 of the UK Borders Act 2007 compels the Secretary of State to consider a person’s deportation conducive to the public good if:
- They have been sentenced to a term of imprisonment of at least 12 months; or
- They have been sentenced to any term of imprisonment if their offence is one specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal)
Procedure for Deportation from the UK
When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal. Following the issue of such a notice, the Secretary of State may authorise detention or make an order restricting a person as to residence, employment or occupation and requiring him to report to the police, pending the making of a deportation order.
Where the Secretary of State decides that it would be appropriate to deport a person and member(s) of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed.
Defending & Appealing Deportation Orders & Removal Orders
Our team of experienced and professionally qualified immigration solicitors and immigration barristers are able to able to advise as to all of the forms of relief and representations available to fight a deportation or removal order. We can assist you in challenging or appealing your deportation or removal order and consider the ways that you may stay in the UK or avoid a ban on you re-entering the country.
Both deportation orders and removal orders can be challenged by way of appeal to an Independent Immigration Judge if it is contrary to the United Kingdom’s obligations under the 1951 Refugee Convention or the European Convention on Human Rights (ECHR).An illustration of this isArticle 8ECHR (given effect by the Human Rights Act 1998) which can be divided into two parts. The first part states that everyone has the right to respect for his or her private and family life. The second part states that public authorities (such as the Home Office) must not interfere with this right unless to do so would be necessary, for specified purposes and in accordance with law. Regard may also be given to other relevant factors which constitute exceptional circumstances.
Our expert team work to challenge deportation and removal orders in the following ways:
- Assessing the merits for challenging deportation or removal;
- Assessing the lawfulness of your detention;
- Putting forward, in the strongest possible terms, representations to the Home Office;
- Appealing any negative decision by the Home Office;
- Making an application for Judicial Review in the High Court challenging detention;
With your help we ensure that we present the correct supporting evidence in the form of relevant documents which strengthen and support your application.
Seeking Judicial Review to Prevent Deportation from the UK
Another way to challenge a deportation order is to seek a judicial review. Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public entity such as the UK Border Agency or the Home Office. An applicant has to seek the leave of the court by showing that he has an arguable case against his deportation with some prospect of success. To succeed, there has to be some legal and/or procedural irregularity in the UKBA’s decision ordering the said person’s deportation.
Stopping Deportation – Success Stories
Our specialist immigration lawyers regularly act in challenges to deportation on an emergency basis. We recently put forward representations on behalf of two foreign nationals who were convicted of criminal offences and were facing deportation on the grounds of public interest in spite of having strong family ties to the UK. The individuals had been released from prison some time ago but were stopped by the police, by chance, and subsequently placed in an Immigration Removal Centre in breach of their (and their families) Article 8 Rights.
Our team of Immigration Barristers and Solicitors came together and acted within 72 hours of instruction to put forward a strenuous set of representations/applications in each of the connected cases. Immediately upon receipt of our correspondence (which contained persuasive argument, vital evidence and precedent case law) a decision was made by the UKBA to cancel the deportation orders and release each of the individuals. The UKBA’s decision was made on the basis that we had presented incontrovertible evidence to them that each of the persons had settled in the UK and had the legal right to maintain a family life here.
Providing a Bespoke London, UK Immigration Service
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner (OISC). Many businesses offering immigration services are only OISC regulated. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset.
When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset, when it matters the most, in order to ensure no time and money is wasted and more importantly that no mistakes are made.
Expert UK Immigration Lawyers in London
If you have a UK Immigration matter and want expert legal advice, we invite you to contact us so we can assess your case. We can subsequently provide urgent help, advice or representation to clients from our expert legal team of leading UK Immigration solicitors and barristers. Just call or email us now; our legal UK immigration law team in London are waiting to help.
To contact us about your case call ☎ 02071830570 or email [email protected]
Please note: If you have received an Immigration Decision, UK Deportation Order or UK Removal Notice then do not delay in contacting us for assistance.