What is deportation order and when is it made?
A deportation order is made on the grounds that the deportation of the person is conducive to the public good.
Deportation of EEA citizens and their family members on public policy, public security or public health grounds is set out in the EEA Regulations 2016.
What is the effect of deportation order?
A deportation order invalidates any permission to enter or stay in the UK and prevents the person from returning to the UK while the deportation order is in force.
Where deportation is being considered and the person has made a claim under Article 8 of the Human Rights Convention, that claim will be considered in line with the provisions under this Part.
What happens if the deportation order is a breach of personal right?
Where deportation would be a breach of a person’s rights under the Human Rights Act 1998, they may be granted permission to enter or stay in the UK for a temporary period.
A deportation order will not be made if the foreign national’s removal from the UK pursuant to the order would be contrary to the UK’s obligations under the Refugee Convention or the Human Rights Convention. The foreign national can challenge their decision in the Court or Tribunal explaining why he should be allowed to stay in UK or apply for asylum
What are the grounds for deportation?
A foreign national, who is not an Irish citizen, is liable for deportation where:
- (a) they have been convicted of a criminal offence for which they have received a custodial sentence of at least 12 months; or
- (b) the Secretary of State otherwise considers that the deportation of the foreign national is conducive to the public good; or
(c) they are the spouse, civil partner or child aged under 18 of a foreign national who is, or has been ordered to be, deported
What are exceptions to deportation?
According to section 13(2)(1) of the Act, where a foreign national has been convicted in the UK or overseas and received a custodial sentence of at least 12 months; has been convicted of an offence that has caused serious harm; or is a persistent offender, the public interest requires the foreign national’s deportation unless:
(a)the private life exception in paragraph 13(2)(3), or the family life exception in paragraph 13(2)(4), is met; or
(b) there are very compelling circumstances such that removal would be contrary to the Human Rights Act 1998.
13(2)(2) states that a foreign national, who has received a custodial sentence of at least 4 years, must show very compelling circumstances over and above the exception in paragraph 13(2)(3). or 13(2)(4) for deportation to be a breach of Article 8 of the Human Rights Convention
At KASH LEGAL SERVICES, we understand complexities of UK immigration process and committed guiding through every step. We work tirelessly to ensure your immigration experience is as smooth and stress free as possible. To arrange free consultation please feel free to call on 01144000340 or Email info@kashlegalservices.co.uk or visit our website www.kashlegalservices.co.uk.
The information presented in this article is intended solely for providing general knowledge and understanding of the subject matter. It should not be considered as legal advice. Laws and regulations can vary significantly depending on your jurisdiction and individual circumstances.
