Forced removal, sometimes known as “administrative removal”, is when the Home Office enforces your removal from the UK if you no longer have any leave left to remain. It may also apply if your leave to remain has been refused, or if you did have some leave to remain but that has now expired.
Legally speaking, deportation is the enforced removal of someone from the UK, for the “public good”. This might usually happen after someone has served a prison sentence. This differs from administrative removal.
Can the process be challenged and what legal rights do you have?
Challenging the decision
When the Home Office has decided that you have to leave the country, they will normally inform you in writing. This letter will usually tell you how to challenge the decision. If you are faced with a deportation you may be held in detention. If you’re not held in detention, then certain restrictions may be placed upon you. This may include restrictions on your employment and residence.
As a rule, public benefits are taken into account when deciding on a deportation order. Meaning if a deportation is perceived to be in the public interest, that will outweigh the individual rights of the person facing deportation. However, if the deportation breaches rights of the person under the Human Rights Act 1998, then this no longer applies.
Fundamental rights exist protecting the individual who is facing deportation. The state cannot subject any individual to torture, inhuman or degrading punishment. Every individual has the right to respect for their home and family life. You have the right to expect your home to be respected and your correspondence to remain private.
When you receive notice of deportation you should seek legal advice immediately. The quicker you act, the more likely you are to succeed in your appeal.
Right to appeal
You have a right to appeal against any deportation order. The order cannot be formally made while any appeal is still pending. If the deportation order has been made, then you may still apply to have the order revoked.
There are time limits in place for you to submit your notice of appeal. This is one reason why you should immediately seek the advice of an immigration specialist.
There might be compassionate grounds for appealing against a deportation order. Someone who fears persecution should they be returned to their birth country who might have lived in the UK for many years, should appeal on compassionate grounds.
Are you or someone you know is facing a deportation? If you are facing a deportation you should seek immediate legal advice and support. Our immigration law solicitors based in Birmingham have significant expertise in representing clients facing deportation. Contact us to find out more about how we can help.
Our expert team of Immigration law includes the honour and prestige of having an Immigration Judge appointed by the Lord Chancellor’s Department. The experienced immigration team at Murria Solicitors are happy to answer your questions and help you any way they can. Find out more about our immigration law services here.