Administrative removal
Produced in partnership with Claudia Neale of Garden Court Chambers
Practice notesAdministrative removal
Produced in partnership with Claudia Neale of Garden Court Chambers
Practice notesThis PrACTice Note outlines the process of administrative removal following the changes made by the Immigration Act 2014, 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.
Further changes regarding removal Notices were made by the Nationality and Borders Act 2022, but these are not all yet in force. For more information, see News Analysis: Nationality and Borders Act 2022—summary for non-asylum practitioners. From 20 November 2023, the removal notices process and time limits have been placed on a statutory footing, with a usual requirement for a five-working day notice period, valid for 21 days if a first attempt at removal fails for reasons outside the control of the Home Office (see below).
The 2022 Act as enacted would also provide for a system of ‘priority removal notices’ (PRNs), designed to ‘reduce the extent to which people can frustrate removals through sequential or unmeritorious claims,
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