Deportation & Revocation of Deportation Order
Foreign and European Union nationals are normally considered for deportation from the UK when they commit a serious criminal offence. Members of your family may also be considered for deportation.
If you’ve broken immigration rules either by living in the UK illegally or by committing a serious crime, the Home Office can make you leave, otherwise referred to as deportation.
If you have received a Notice of Intended Deportation or a decision to deport you or a member of your family, you do have the right to appeal and require urgent assistance, we can help you with stopping deportation.
In accordance with paragraph 390 of the Immigration Rules, an application for revocation of a deportation order will be considered in the light of all the circumstances including the following:
(i) the grounds on which the order was made;
(ii) any representations made in support of revocation;
(iii) the interests of the community, including the maintenance of an effective immigration control;
(iv) the interests of the applicant, including any compassionate circumstances.
According to paragraph 391 of the Immigration Rules, in the case of an applicant who has been deported following conviction for a criminal offence continued exclusion
(i) in the case of a conviction which is capable of being spent under the Rehabilitation of Offenders Act 1974, unless the conviction is spent within the meaning of that Act or, if the conviction is spent in less than 10 years, 10 years have elapsed since the making of the deportation order; or
(ii) in the case of a conviction not capable of being spent under that Act, at any time, unless refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees
will normally be the proper course.
In other cases revocation of the order will not normally be authorised unless the situation has been materially altered, either by a change of circumstances since the order was made, or by fresh information coming to light which was not before, or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also in itself amount to such a change of circumstances as to warrant revocation of the order.
Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.
Appeal Against The Refusal Of Revocation Of Deportation Order
There may be a right of appeal against refusal to revoke a deportation order. Where an appeal does lie, the right of appeal will be notified at the same time as the decision to refuse to revoke the order.
We also undertake work that is publicly funded by the Legal Aid Agency at all levels for immigration matters that are in scope for Legal Aid assistance, from initial application, through to appeals to the First-tier Tribunal, Upper Tribunal and the Higher Courts and applications for Judicial Review.
If you wish to be considered for legal aid please ask us and we will tell you if it is available based on your circumstances.
If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.
For more information or to book an initial consultation, please contact us.