What is Deportation?

Deportation is the process by which someone may be removed from the country for whom the deportation the Secretary of State for the Home Department [“the Home Secretary”] has deemed it would be conducive to the public good were they to be so removed.

This comes about by issue of a Deportation Order which may also affect dependants. Once an individual has been deported they cannot lawfully return to the UK while the Deportation Order remains in force which is for a period of at least 10 years.

Deportation Law U.K.

Who Can Be Deported?

Anyone with limited or indefinite leave to remain in the UK may become eligible for deportation i.e. generally anyone who is not a British national. A Deportation Order invalidates whatever leave a person has had. Some Commonwealth citizens or Irish citizens are exempt from deportation. British nationals and individuals with a right of abode in the UK cannot be deported.

EEA nationals generally have more protection from deportation than non-EEA nationals and can only be deported on limited grounds although this is most likely to change with Brexit.

 

Grounds for Deportation

The Home Secretary has the powers to deport an individual under a number of grounds. These grounds can be found under paragraph 363 of the Immigration Rules and state an individual can only be deported where:

• The individual is the civil partner, spouse or a child under 18 of another individual who has been made subject to a Deportation Order;
• The court recommends deportation as the decision to be made in the case of an individual who is over the age of 17, who has been found guilty of an offence punishable by custodial sentence;
• The Home Secretary considers the individual’s deportation to be conducive to public wellbeing.

The Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016) set out grounds when EEA nationals can be deported from the UK. Deportation can occur on grounds of public policy, public security or public health.

Effects of Deportation

A Deportation Order not only has the effect of removing an individual from the UK but also comes with additional effects, which are stated in the EEA Regulations 2016 and paragraph 362 of the Immigration Rules. These effects include:

• Forbidding an individual to re-enter the country for as long as the Order stands i.e. usually at least 10 years;
• Making any leave granted to remain or enter the country invalid, whether it was granted before the Order was issued or while it was in force; and
• Authorising the detention of the individual until they leave the country.

 

Appeal Against Deportation

Where an individual who is not an EEA national is issued a Deportation Order there is no automatic right to appeal an immigration decision however there may be a right of appeal should the Deportation Order contravene the UK’s duty under the European Convention on Human Rights or the Refugee Convention. Reasons under these Conventions include a breach of the right not to be subjected to torture or a breach of the right to respect to family and private life.

An EEA national can appeal an immigration decision under the EEA Regulations 2016 on grounds the decision to deport the individual contravenes the UK obligations under the EU Treaties.

 

Immigration Bail

Immigration bail has recently been reviewed and is now brought under the Immigration Act 2016. The power for bail where a person is not detained but is liable for detention can be granted by the Home Secretary. This differs to the power of the Tribunal which can only grant bail to an individual who is already detained.

A detainee can apply for immigration bail to the Home Secretary who will make a decision on whether or not to grant the bail. If bail is granted, the Home Secretary will likely impose conditions on the detainee such as reporting on select dates and requiring the individual to live at a particular address. This type of bail application does not include a bail hearing in front of an immigration judge.

The second type of immigration bail application is First-tier Tribunal (Immigration and Asylum Chamber) bail. Detainees will apply to the First-tier Tribunal who will bring the individual in front of the immigration judge in order to make a decision on whether or not bail should be granted.

If immigration bail is granted, the individual will usually have certain conditions attached to this, however, if bail is not granted another application for bail cannot be made within 28 days unless there is a change in circumstances.

 

If you have any further questions surrounding deportation or facing such a scenario, please contact our specialist solicitors urgently and we will treat your case as a priority. You can contact us by calling 0121 728 5999 / 0203 929 5999 or completing our online contact form today.

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