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POD01 How to challenge a deportation order or removal notice and remain in the UK
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Zaidi Solicitors, a firm of UK immigration lawyers based in London and Luton, specialising in UK immigration law explains the difference between a deportation order and a removal notice as well as the procedures involved in challenging any of these orders or notices, whilst remaining in the UK.
This podcast also covers the rights of an appellant, whether or not they can stay in the UK during the process of challenging a deportation order or removal notice and remain in the UK.
Key UK immigration questions are answered in enough detail, but with none of the jargon and these include :
1. What is the difference between deportation and removal?
Deportation is defined as Forced Removal and falls into 2 types – Automatic and Non Automatic deportation.
Automatic Deportation happens when a person is given a criminal sentence of over 12 months imprisonment and there is no requirement for the court to recommend a deportation in order for it to take place. In this instance, deportation will take place after completion of the custodial sentence.
Non Automatic Deportation on the other hand, is when a person is sentenced to a criminal sentence of less than 12 months imprisonment and it is decided to be conducive to the public good to deport. In this case deportation takes place after completion of the custodial sentence
Administrative Removal on the other hand is when a person has no leave to remain in the UK and his or her leave to remain application including any asylum claim has been refused and his or her leave to remain or visa has expired
2. What is the procedure involved for deportation and removal?
In Deportation cases a person is served with notice of decision to deport and then a deportation order will be issued.
In Removals cases, removal directions are issued followed by a removal notice, stating the date of flight and flight number
3. Do I have the right to appeal against a deportation order?
Yes, there is a right to appeal against a deportation order
4. If yes, what is the procedure involved?
If you are liable to be deported then you have 28 days to submit reasons why you should not be deported, however you only have 5 days to appeal if you are in detention.
5. What are the grounds for challenging a removal or deportation?
You may appeal on Article 8 grounds if your right to a private and family life has been infringed.
For example if you have established close family and private ties in the UK any removal may engage your rights under Article 8 of the ECHR
6. If I appeal against the deportation order do I have the right to remain in the UK?
Yes, you are entitled to remain in the UK during the appeal process
7. If I am deported from the UK following a deportation order when can I return to the UK?
You can apply for leave to enter the UK once the deportation order has been revoked. It is extremely difficult to re-enter the UK after a deportation. If the person’s criminal sentence for the offence was 30 months or less, a deportation order will normally not be revoked before ten years has passed and this is known as ‘the exclusion period’.
If a refusal to revoke your deportation order would breach your human rights the exclusion period should not apply.
If the application to revoke your deportation order is refused, you should have the right to appeal the decision
8. How can a firm of Solicitors help me?
Solicitors are authorised and regulated by the Solicitors Regulation Authority and they are able to provide specialist Immigration advice and representation.
9. How Do I proceed?
Zaidi Solicitors has 14 years of Immigration law experience and deals with all aspects of UK Immigration law. Contact us us on 020 7416 6673 or 01582 431 333 for the BEST Immigration advice.
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