Appealing against New Deportation Orders and Applying to Revoke Old Ones
If you’re at risk of deportation or removal from the UK, our team of professional immigration lawyers can provide expert guidance and support.
Are you or a loved one facing deportation from the UK due to a criminal conviction or action? Concerned about what comes next?
At Cromwell Wilkes, we understand the complexities and challenges individuals encounter when appealing deportation orders. We recognise the emotional strain deportation appeals can place on families, which is why we prioritise providing a supportive and understanding environment during assessments. Our immigration lawyers specialise in handling applications for revoking deportation orders, and our quality legal assistance is evident from client reviews. If you need legal assistance with your deportation order appeal, contact us for fast, friendly, reliable, and professional immigration service.
What Is Deportation?
Deportation in the UK refers to the enforced removal of individuals for the “public good,” often following a criminal conviction. If you’ve been convicted of a crime and you’re not a British citizen, you may face deportation.
When the Home Office decides to deport someone, they issue a notice explaining the reasons. Unlike some decisions, there’s no automatic right to appeal deportation. Appeals are limited to refusals of Human Rights claims.
Deportation differs from administrative removal, which occurs when individuals lack permission to stay in the UK, often due to expired visas. The Home Office must provide notice and an opportunity to contest administrative removal.
If the Home Office has indicated potential deportation, it’s wise to seek legal assistance from an immigration lawyer like those at Cromwell Wilkes. A specialist can offer crucial guidance to understand your legal options and protect your right to remain in the country.
Grounds for Deportation
The Home Office has several legal provisions that allow the government to carry out the process of immigration deportation for those convicted of an offence. UK immigration laws have provisions that enable the Home Office to deport non-residents who are convicted of an offence. Some of these legal provisions are as follows:
- Conviction of a Sentence Over 12 Months: If a foreigner’s sentence exceeds 12 months, deportation may be initiated to protect public safety.
- Cumulative Sentences Over 12 Months: Deportation proceedings may start if a foreigner’s total sentence surpasses 12 months due to multiple convictions.
- Persistent Offending: Persistent offenders, who repeatedly break the law, pose a danger to society. Even without imprisonment, their actions can harm citizens. Rehabilitation efforts may mitigate deportation risk.
- Deportation for Public Good: Used to remove individuals posing risks to UK society or economy. Factors like criminal history and activities harming social norms are considered. This process safeguards national sovereignty and citizen well-being.
Challenging a Deportation Order
During the deportation process, public interests are typically prioritised over the rights of the individual facing deportation. However, this principle shifts if the deportation violates the rights enshrined in the Human Rights Act of 1998 for the deportee. Individuals facing deportation can contest the order if it contravenes the UK’s obligations under the Refugee Convention or the European Convention on Human Rights (ECHR).
Two core rights of individuals facing deportation concern the UK Deportation Order. Firstly, it prohibits the state from subjecting anyone to torture, inhuman, or degrading treatment or punishment. Secondly, it recognises every individual’s right to respect for their private and family life, home, and correspondence, stipulating that no public authority can infringe upon these rights.
Appealing Against a UK Deportation Order
In order to appeal against a deportation order, a strong appeal based on Article 8 of the European Convention on Human Rights (ECHR) must be lodged against the Home Office. Article 8 safeguards the ‘right to respect for private and family life, home, and correspondence’. Under certain circumstances, you may appeal to have the deportation order revoked. Upon refusal of the revocation, you will be notified of your right to appeal.
Strict time limits apply for submitting the notice of appeal, underscoring the importance of seeking legal advice from an immigration lawyer. Ensuring compliance with these time limits and following the correct procedure is crucial.
Compassionate grounds may also be considered for appealing against deportation orders. Individuals who have resided in the UK for extended periods and fear persecution upon deportation might appeal on compassionate grounds. A deportation order should not be issued if it would contravene the UK’s obligations under European human rights conventions or refugee laws.
Appealing on the basis of your child in the UK
If you’ve received a deportation order due to a prison sentence lasting between one and four years and have a child under 18 in the UK—whether British or residing in the UK for at least seven years preceding the immigration decision—you may appeal the deportation order if:
You have a genuine and active parental relationship with the child
It would be excessively difficult for the child to live in the country to which you’re to be deported
It would be excessively difficult for the child to remain in the UK without you
Appealing based on your relationship in the UK
It might also be possible to appeal if you can prove you’re in a genuine and ongoing relationship with a British partner residing in the UK. The partner must be either a British Citizen or settled in the UK (having indefinite leave to remain in the UK). To appeal under article 8, you must also demonstrate:
The relationship formed while you were lawfully in the UK and your immigration status wasn’t ‘precarious’
It would be unduly harsh for your partner to live in the country to which you’re to be deported
It would be unduly harsh for your partner to remain in the UK without you
Appealing based on private life in the UK
You can also appeal if you can prove you’ve spent most of your life in the UK, you’re socially and culturally integrated into the UK, and there would be significant obstacles to your integration into the proposed deportation country.
Can You Be Deported If You Have a Child in the UK?
If you are subject to deportation, your spouse and any children under 18 without indefinite leave to remain or a British passport may also face deportation, unless they have their own leave to remain.
When the Home Office decides to detain or deport an adult with children in the UK, they must consider the potential impact on the children’s welfare, as outlined in section 55 of the Borders, Citizenship and Immigration Act 2009. While each family’s circumstances vary, we specialise in handling complex cases where we gather detailed instructions and often evidence from various sources to contest the removal of the adult responsible for caring for children in the UK. Our representations include considerations of the practical and emotional effects on the child, as well as the indirect consequences on other family members.
Exemption against UK Deportation
In certain circumstances, individuals may qualify for exemptions, allowing them to be excluded from deportation proceedings in the UK. You may be exempt from deportation if:
- You are a British citizen.
- You possess a right of abode.
- You are a citizen of the Commonwealth who was primarily a resident in the UK as of January 1, 1973.
- You have resided continuously in the UK for five years or more before the commission of the offence or criminal action.
Proper evidence must be provided to substantiate any claims for exemption. Seeking expert legal advice and support is crucial to navigate this process effectively. At Cromwell Wilkes, our team is dedicated to assisting you in challenging deportation orders and finding the best possible solution. Contact our immigration lawyers today to learn more about your options and how we can support you throughout this legal journey.
How Cromwell Wilkes Can Help with your Deportation Order
If you receive a deportation order from the UK State Secretary or Home Office, you have the right to seek assistance from one of our reliable and expert immigration lawyers to handle your deportation matter.
Our lawyers possess both the expertise and experience necessary to assist individuals facing deportation and other legal issues in an effective manner. At Cromwell Wilkes, we prioritise conducting our assessments in a friendly and relaxed manner. We’re here to support you and your family members every step of the way, from initiating a challenge and appeal process to navigating the complexities of UK and EU law, along with recent immigration case precedents. By ensuring your case is thoroughly prepared and grounded in legal expertise, you enhance your prospects for a positive resolution, enabling you to stay in the UK.
To determine your eligibility and schedule a free assessment, please don’t hesitate to contact us.
