Deportation orders exist under UK immigration law to authorise the removal of foreign nationals from the UK, regardless of any visa or other leave of stay they might have.
In what circumstances can someone be deported?
Deportation orders are issued on foreign nationals in the following situations:
- if the Secretary of State believes it is in the interests of the public good, the foreign national may be removed from the UK;
- if the foreign national is the spouse, civil partner or child of an individual who is the subject of a deportation order; or
- if the foreign national is over 17 years old, has been convicted of a criminal offence which carries with it a prison sentence and the court which sentenced the foreign national recommended deportation
What does a deportation order mean?
Once a deportation order is made against or served on a foreign national, he may be held in detention or, alternatively, restrictions may be placed on his employment, residence or occupation and he may be required to report to the police, pending the making of the deportation order. The foreign national will also be notified of his rights of appeal against this decision.
Can the individual facing deportation appeal?
If you have been served with a deportation order, you should seek legal or immigration advice immediately.
For people who are the subject of deportation action there is a right of appeal from within the UK against the decision to make a deportation order (not the actual making of it) under section 82(2)(j) Nationality, Immigration and Asylum Act 2002. The order cannot be formally made while any appeal under this section is pending, nor can the individual be removed from the UK.
When a deportation order has already been made against a person, they may apply to have the order revoked. If that application for revocation is refused, they can then appeal against that refusal under section 82(2)(k) of the Nationality, Immigration and Asylum Act 2002.
As the individual will ordinarily have been removed pursuant to the order, applications to revoke a deportation order will usually be made from outside the UK, and the right of appeal against a refusal to revoke can ordinarily only be brought from overseas.
Although you may not qualify for leave to remain in the UK, it may in some circumstances be possible to make representations to UKBA against your deportation on compassionate grounds, such as human rights. For example, if you have been living in the UK for many years and fear that you may be subjected to persecution if you are deported. Indeed, a deportation order should not be made against an individual if doing so would lead to a breach of the UK’s duties under the European conventions on human rights and/or refugees.
What about family members of an individual facing deportation?
The family members of an immigrant facing deportation may also be deported too; however, there are some circumstances in which they may avoid deportation. These include:
- if the spouse or civil partner of the individual being deported have qualified to live in the UK themselves (and not just as the spouse or partner of the individual being deported); or
- if they live apart from them.
The children of a foreign national facing deportation may avoid deportation if they are living separately with another parent, if they live alone and support themselves, or if they got married or entered into a civil partnership before the question of deportation arose.