Administrative removal: general principles
Produced in partnership with Rajiv Sharma of The 36 Group

The following Immigration practice note produced in partnership with Rajiv Sharma of The 36 Group provides comprehensive and up to date legal information covering:

  • Administrative removal: general principles
  • Administrative removal—the legislative background
  • Who is not liable for administrative removal?
  • Removal destination
  • Who is liable for removal?
  • Overstayers
  • Illegal entrants
  • Curtailment or cancellation of leave
  • Persons ceasing to be refugees
  • Reaching a decision on removal—factors to be taken into account
  • More...

Administrative removal: general principles

This Practice Note outlines general principles of administrative removal, including who is and is not liable for removal and where they may be removed to. It also covers the factors to be taken into account when reaching a decision on removal and the additional safeguards applicable for family cases.

Administrative removal—the legislative background

Administrative removal is the process by which certain categories of people may be removed from the UK. It is to be distinguished from deportation, which involves an entirely distinct legal process and is usually reserved for those who have committed serious criminal offences and/or whose character/conduct/associations render them liable for deportation. For further information, see Practice Note: Deportation.

While the effects of a deportation order remain significantly more draconian than those of administrative removal, the two processes have been brought closer together through the introduction of re-entry bans for those who have been administratively removed. These provide for the mandatory exclusion from the UK of between one and ten years of certain people who have been subject to administrative removal.

For further information, see Practice Note: Mandatory grounds for refusal and re-entry bans.

From 6 April 2015, the most important removal provision is that set out in section 10 of the Immigration and Asylum Act 1999 (IAA 1999). Schedule 2 of the Immigration Act 1971 (IA 1971) remains relevant as it sets out

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