Detention, Removal and Deportation

Detention, Removal and Deportation

If an individual is in the UK without any lawful basis of stay the Home Office will seek to remove that person to their country of origin/nationality. However, an individual may be able to resist removal action if they have an arguable case to remain in the UK due to their private or family life or even for humanitarian or asylum reasons.

The right of appeal and removal

The Home Office introduced new legislation which requires the deportation of ‘foreign national criminal’s’ before they have the opportunity to appeal the decision from within the UK.  This was policy was examined by the Supreme Court in the case of R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, which found that found that the policy of “deport first, appeal after” under section 94B of the Nationality, Immigration and Asylum Act 2002 (as modified by the Immigration Acts of 2014 and 2016) is unlawful, at least in its current form.

If you are subject of a deportation order you will need to set out your reasons for remaining in the UK at the earliest opportunity in order to prevent the Home Office from taking early removal action against you.

Administrative removal

Most forced removals from the UK that take place by way of administrative removals. The Secretary of State (i.e. an official acting on behalf of the Secretary of State) or an immigration officer has the authority to remove those who are in the United Kingdom without any lawful basis of stay . Partners or children who would not be granted leave to remain in their own right may also be removed as a family. Administrative removal can also take place where the Home Office decide that someone has breached a condition of their visa or has obtained leave to remain by deception. We can provide assistance to those individuals who are subject of administrative removal from the UK.

Deportation

The Home Office have the power to deport an individual in the UK who is not a British citizen if they commit a serious crime. This includes EU and non-EU citizens and even those who have been granted indefinite leave to remain or permanent residence in the UK.

The term widely used by the Home Office to describe those liable to deportation is a ‘foreign national criminal’. Foreign national criminals who are convicted of a criminal offence and sentenced to a period of imprisonment of at least 12 months are subject to an automatic deportation order under section 33 of the UK Borders Act 2007.

The Home Office also have the power to deport those individuals who have not been convicted of a criminal offence and sentenced to a period of imprisonment of at least 12 months but are considered to have committed a ‘serious crime’ or are a ‘persistent offender’ and in the view of the Secretary of State their presence in the UK is not conducive to the public good.

If an individual has already been deported from the UK they may apply to have their deportation order revoked if there are exceptional circumstances which should allow them to re-enter the UK. This may be because they have family members in the UK and the UK is the only country upon which they can live together as a family. The Home Office will usually expect an individual to have waited ten years before they can apply to revoke their deportation order.

Bail

An individual in immigration detention usually has the right to apply for temporary release and if that request is refused, they may apply for immigration bail to the First-tier Tribunal (Immigration & Asylum Chamber). The Home Office will usually detain an individual if their removal from the UK is imminent or removal directions have been set. If the detainee is able to show that there is a ‘barrier to removal’ such as an injunction or an outstanding application, they may be released from detention on certain conditions. The detainee will need to provide evidence of where they intend to live if released and provide up to two sureties who would help to the applicant comply with any conditions of bail and can demonstrate that they possess funds that they would be willing to forfeit if you do not.

At Qore Legal , our experienced deportation solicitors have been successful in gaining many people their liberty, and in many cases we have gone on to secure their status in the United Kingdom

Judicial review

You may be able to challenge a Home Office decision (or failure of the Home Office to make a decision) by way of Judicial Review.  Furthermore, due to the Home Office restricting the right of appeal against many immigration decisions, the only way to redress an incorrect decision is by Judicial Review.

An application for Judicial is made to either the Upper Tribunal, (Immigration & Asylum Chamber) or High Court, Administrative Division, Challenges to legislation, nationality lawfulness of detention will usually be lodged with the High Court.

An application for Judicial Review is usually argued on grounds that the Home Office have acted , irrationality (unreasonableness), or there has been a procedural impropriety, which has resulted in the decision being unlawful.

The Home Office will usually instruct the Government Legal Department who will act on their behalf to defend Judicial Review applications. Applications for Judicial Review can be protracted in length and you will need to consider very carefully whether the benefits you will receive from such an application outweigh the time and costs involved.

The deadline for applying for Judicial Review in the Upper Tribunal is within 3 months of the date of the decision.

Our Service

Our deportation lawyers can assist with all stages of the process and advise and assist with any relevant application. We will make clear the legal and evidential requirements so that the application is has the best chance of succeeding. . We will also advise on which supporting documents to provide and evidence required and take you through the immigration process from start to finish.

Our expert removal, deportation and bail solicitors can assist with bail hearings, representations to the Home Office and deal with third parties where necessary… We will ensure that your case is dealt with professionally and efficiently and safely navigate you through the UK immigration process.

Contact our Deportation, Removal and Bail Solicitors London, UK

Qore Legal  is based in Central London and we assist clients from throughout England. We also specialise in immigration services for Chinese companies and individuals. For deportation, removal and bail advice, please contact an immigration lawyer at Qore Legal  – call 020 3946 2560, email info@qorelegal.co.uk or use our online contact form.