Challenging deportation decisions
Produced in partnership with Nick Nason of Edgewater Legal , Jo Renshaw of Turpin Miller and David Sellwood of Garden Court Chambers
Practice notesChallenging deportation decisions
Produced in partnership with Nick Nason of Edgewater Legal , Jo Renshaw of Turpin Miller and David Sellwood of Garden Court Chambers
Practice notesThis Practice Note outlines issues specific to appeals and other challenges to deportation decisions. It also covers certification of Asylum and human rights challenges to deportation and suspensive and non-suspensive appeal rights as well as applications to revoke a Deportation order. For information on liability to deportation, see Practice Note: Deportation.
Challenging a deportation decision
Section 82 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) as amended by section 15 of the Immigration Act 2014 states that there is a right of appeal against:
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the refusal of a protection claim
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the refusal of a Human rights claim, and
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the revocation of a person's protection status
If the person has EU Settlement Scheme (EUSS) leave or leave to enter having arrived in the UK with a valid EUSS Family Permit, they will also have a right of appeal against a deportation decision made under section 5(1) of the Immigration Act 1971 (IA 1971) on or after 23:00 GMT on
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