Deportation can be a heartbreaking situation if you or your family have been settled in the UK. Deportation separates families!
It is therefore important to understand that there are different immigration laws and regulations for deportation and administrative removal. However, both result in the removal of a migrant from the UK if the Home Office succeeds.
What is Deportation?
Deportation, simply put, is the enforced departure from any country. A deported individual will be banned from entering the country for a certain span of time (usually 10 years) unless the Home Office agrees to revoke its decision.
The Secretary of the State has the authority to deport or remove a migrant on the grounds that his/her presence is not in the favour of other citizens. Usually, deportation orders are issued immediately especially in situations where the person has been given a prison sentence of 12 months or more.
Dealing with the Deportation
Deportation laws in the UK are quite complicated and it would be extremely difficult for the person to represent his case without any legal assistance. Once you get your deportation orders in writing from the Home Office, you should get in touch with the specialist deportation lawyer to prepare a comprehensive application stating why your removal decision should be reviewed and revoked. Also, you have to explain the reasons why you should be granted permission to stay in the UK.
If you have received a deportation order after committing a crime and been sentenced for less than four years, you can appeal to cancel the deportation order. By submitting an appeal to revoke the orders, you’re requesting the secretary of State to reconsider your case taking into consideration your current situation.
Article 8 of the ECHR is generally quoted to challenge the deportation orders issued by the Home Office. According to Article 8, “everyone has the legal right to respect for his private family and life” and you can ask the same from Home Office to reconsider your case on the grounds of your domestic circumstances.
It is noticeable that generally, Home Office does not consider this factor especially at the time of issuing the removal order. It is therefore important that you present your case in such a way that the Home Office will have to consider your case in order to balance the deportation order with human rights. The basic idea is that the Home Office must illustrate that their decision is within the parameters of the law and is not interfering with human rights.
Also, you may have to show that you’ve been lawfully residing in the UK and have been granted indefinite leave to remain and socially integrated to the culture and laws. The Home Office may ask you to submit original and verifiable pieces of evidence to prove all these claims.
You will be given a ‘one-stop’ notice at the time of issuing deportation orders in which you have to provide valid reasons respecting why you should be given another chance to live in the UK. At this point, you must consult an experienced deportation lawyer who will ensure you fill in and send back the form within the specified timeframe. In case, you miss the deadline, you should specify the reasons for your delay.
If you do not highlight any asylum/human rights reasons on the form, then it is likely you will not be granted an in-country right of appeal.
In that case, you may have to apply for judicial review which is complicated and hard to carry forward without a lawyer.
Why You Should Hire Professional Lawyers to Challenge the Deportation Order?
Incomplete applications or appeals which are not prepared are likely to attract a refusal. To give yourself the best opportunity to succeed it’s important that you seek expert advice from Optimus Law’s specialist deportation lawyers to ensure the success of your application. Since deportation laws in the UK are complex, it would be very difficult for you to handle the removal case on your own.