Deportation cases are where the laws of crime and immigration meet. Deportation is where foreign nationals, having been convicted of a crime are selected by the Home Office to be returned to their country of origin. This is a fast moving area which requires considerable expertise and care on the part of legal representatives. Because of the considerable media coverage on foreign criminals, the Home Office are particularly concerned to return many of the people as possible. Our advisers are fearless and committed to winning even the most difficult of these complex and often controversial cases.
A deportation order:
- requires a person to leave the UK
- authorises their immigration detention until removal
- prohibits re-entry to the UK while the order remains in force and
- invalidates any existing leave to enter or remain given before the Order is made or while it is in force.
Deportation is a two-stage process that consists either of a decision to deport by the Home Office or a recommendation for deportation by the criminal court, which can be followed by the signing of a deportation order. Where a person has been convicted of a criminal offence the Home Office can take deportation proceedings even if the criminal court has not recommended deportation. The service of a decision to deport or a recommendation for deportation by a criminal court and the deportation order itself each trigger liability to immigration detention.
Who CANNOT be deported?
- British citizens and persons with a right of abode (the latter group is mainly British citizens)
- Commonwealth and Irish citizens in the UK on or before 1.1.73 where they have been ordinarily resident in the UK for 5 years prior to any decision to deport or the conviction
Who CAN be deported?
All foreign nationals whether in the UK lawfully or unlawfully. Persons with indefinite leave to remain can be deported as can European Economic Area nationals but special considerations apply to the latter (see below).
Appeals against deportation decisions
A decision to deport someone by the Home Office carries a right of appeal to the Immigration and Asylum Tribunal and the person may remain in the UK while the appeal is being heard.
A recommendation for deportation can be appealed to the relevant criminal court as an appeal against sentence.
A deportation order cannot be made while an appeal could be brought or is pending but where rights of appeal have been exercised and exhausted or not exercised and the time limit has expired, the Home Office may move to signing the deportation order. Orders are generally signed by a Home Office immigration minister, though contentious cases can be referred to the Home Secretary. The remedy once the order is signed is revocation.
Grounds for deportation
The circumstances in which deportation action can be taken are:
- where the Secretary of State deems the person’s deportation to be conducive to the public good (most frequently, though not always criminal conviction/s); or
- where a court has made a recommendation for deportation of a person over the age of 17 who has been convicted of an offence punishable with imprisonment;
- where the person is the spouse or dependant child under 18 of the person ordered to be deported
Factors the Home Office will consider in deportation cases
- length of residence in the UK
- strength of connections with the UK
- personal history
- domestic circumstances
- previous criminal record and the nature of any offence of which the person has been convicted
- compassionate circumstances;
- any representations made on the person’s behalf.
Also note that immigration rules currently mean that those who are successfully deported from the United Kingdom face an automatic ban from returning in many cases.
Our team includes advisers with previous criminal law experience which makes them suited to tackling these cases.
If you are faced with the possibility of being deported, we can offer you the services you need in order to understand your situation, our team is professionally prepared to help you in any way possible with obtaining information and taking necessary steps.