Deportation Defence Overview
Deportation is the formal removal of an individual from the United Kingdom by order of the Secretary of State for the Home Department. Unlike administrative removal, deportation carries a prohibition on re-entry for a specified period — or indefinitely in some cases. A deportation order, once made, remains in force until it is revoked.
Deportation proceedings arise most commonly where an individual has been convicted of a criminal offence and sentenced to a period of imprisonment. In these cases, the automatic deportation provisions of the UK Borders Act 2007 may apply, giving rise to a presumption that deportation is in the public interest unless a statutory exception applies.
Automatic Deportation
Under the UK Borders Act 2007, a foreign national who is convicted of an offence and sentenced to 12 months or more imprisonment is subject to automatic deportation unless one of the statutory exceptions applies. The exceptions include cases where the individual is an EEA national with certain rights, where deportation would breach their rights under the Refugee Convention, or where deportation would breach their rights under the European Convention on Human Rights.
Human Rights Grounds
The most frequently relied upon human rights ground in deportation cases is Article 8 of the European Convention on Human Rights — the right to respect for private and family life. In cases where automatic deportation applies, there is a statutory framework (the Immigration Rules and the Immigration Act 2014) that sets out the weight to be given to the public interest in deportation and the circumstances in which private and family life may outweigh it.
The key statutory exceptions include:
- Where deportation would be unduly harsh on a qualifying child (a British citizen child or a child who has been continuously resident in the UK for seven years)
- Where deportation would be unduly harsh on a qualifying partner
- Where the person has been continuously resident in the UK for over 20 years and has very significant private life ties
- Where there are very compelling circumstances over and above the exceptions
Protection-Based Challenges
Deportation may also be challenged on the basis that return to the country of origin would expose the individual to a risk of persecution (Refugee Convention) or inhuman or degrading treatment (ECHR Article 3). These challenges are assessed by reference to the same legal tests applied in asylum claims, and require evidence of the conditions in the proposed country of return.
Deportation Appeals
In most cases, individuals facing deportation have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Deportation appeals are complex legal proceedings involving detailed assessment of the public interest in deportation, the circumstances of the individual and their family, and in many cases country conditions evidence. Britlaw Solicitors has experience preparing and presenting deportation appeals before the Tribunal.
Revocation of Deportation Orders
Where a deportation order has already been made, it remains in force until revoked. An application for revocation may be made where there has been a material change in circumstances since the order was made. This is a high threshold and the Home Office will scrutinise whether the public interest considerations that led to the original order have been sufficiently displaced.
How Britlaw Can Help
If you are facing deportation proceedings or have received a deportation order, you should seek urgent legal advice. Britlaw Solicitors advises on all aspects of deportation law — from the initial notification stage through to appeal, revocation applications, and judicial review where appropriate.