UK DEPORTATION: HOW TO CHALLENGE IT?
If an individual has committed a felony or has enacted in a way which is not favourable for the public good, the Home Secretary will serve a Deportation Order and consequently arrange for removal. A Deportation Order can be confronted if the removal is not fair and involves an individual’s Human Rights under the European Convention on Human Rights.
What is a Deportation Order?
A Deportation Order forces an individual to leave the United Kingdom and allows detention until removal is settled. In some scenarios, where there are no grim affairs concerning the public well being or national security the Home Office can allow Immigration Bail until removal order are decided. Nevertheless, the Home Office will enforce evident provisions on the release such as banning employment and enforce reporting conditions at an Immigration Reporting Centre.
The Home Office will issue and provide a Deportation Order to an individual where he or she has pledged a illicit offence or has used trickery in an immigration application. The Home Secretary will take action and make decisions in the greatest benefit of the public good and for that motive, if a person obligates an act that intimidates the public good or national security then it is likely removal orders will initiate. If a person is provided a Deportation Order and later removed from the United Kingdom an automated ban on re-entry is entailed. A re-entry ban can be forced up to 10 years from the date of removal.
Section 5 of the Immigration Act 1971 authorizes the Home Secretary to prolong the Deportation measures against the family members of the person whom the order is made against. For example, if a non-EEA Spouse is in the United Kingdom as a direct relative under the EEA Regulations and the stable Spouse is subject to a Deportation Order it is expected that the non-EEA Spouse could also be entailed to leave the United Kingdom. But, it is likely for the non-EEA spouse to submit an application in their own right.
Confronting a Deportation Order
In some events, a Deportation Order can be disputed and withdrawn. An application for annulment of a Deportation Order will ideally be considered where challenges can be submitted on the following points:
- The bases and legitimacy of the order made;
- Are there any statements in support of the revocation; or
- Interests of the individual being eradicated containing any compassionate or extenuating circumstances.
If you have been given a Deportation Order resulting a criminal conviction for a felony which you have served a sentence of fewer than 4 years you can submit an application to cancel the Deportation Order.
By making an application to annul the Deportation Order you are probing the Home Office to reflect your case in light of your domestic contexts. The Home Office will think through fresh evidence or change in conditions which they have not earlier pondered. Reversal can be directed within the United Kingdom or from outside depending on that individual’s situation.
In some cases, a person is removed and at the time of removal, a proper legal support is not pursued or obtained. If this is the scenario, a person can apply for a revocation order and an Entry Clearance Officer will make a verdict.
One of the most ordinary grounds on which a Deportation Order can be disputed is Article 8 of the European Convention on Human Rights (ECHR). You can enquire the Home Office to think through your Private Life or Family Life or both. Article 8 of the ECHR states that:
“Everyone has the right to respect for his private and family life, his home and his correspondence”; and
“There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”.
In immense majority of cases, the Home Office does not reflect domestic situations at the time of dispensing a Deportation Order. It is, consequently, up to the person subject to such an order to confront the same.
The Home Office has to equalize deportation with an individual’s Human Rights in the United Kingdom. For example, deportation may not be validated for a low-level crime where a person has spent the majority of their lives in the United Kingdom with their British family. The important factor to ponder is the source of proportionality. The Home Office must be able to demonstrate that their verdict is proportionate within the law and is not invading a person’s Human Rights.
Using Authorised Representation to confront a Deportation Order
The most popular reasons that applicants have their applications rejected is because they do not meet the essential requirements or because they cannot adequately prove they are authentic.
Authorized representatives, such as experienced immigration specialists and visa law organizations, are certified to counsel you on immigration law and your immigration status. It is likely to instruct an immigration and visa legal representative to submit a UK Immigration application.
Caseworkers at the Home Office are guided to reject applications which are inappropriately organized, for example by failing to deliver the correct backup evidence. In order to guarantee your application succeeds, all obligatory documents must be provided.
This can be an important administrative errand and you will need to submit the accurate documentary proof. The UK Immigration Rules are multifaceted and a legal representative can help make sure that your Application for Revoking a Deportation Order go through the Immigration Rules.