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 notes

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 notes
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This 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:

  1. the refusal of a protection claim

  2. the refusal of a Human rights claim, and

  3. 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

Nick Nason
Nick Nason

Director, Edgewater Legal


Nick is founder and principal lawyer at Edgewater Legal , a firm specialising in immigration solutions for individuals and small companies.

Prior to this Nick was a solicitor and in-house advocate at Luqmani Thompson & Partners (2010-2015), and before this a volunteer at Bail for Immigration Detainees (2009-2010).

In 2016, Nick took a sabbatical and spent time volunteering with the Refugee Legal Aid Program at St. Andrew's Refugee Services (StARS) in Cairo, assisting individuals making initial asylum applications to the UN High Commissioner for Refugees.

Nick regularly writes about immigration law and policy issues for Free Movement , and was funded by the Strategic Legal Fund to provide an analysis of the legality of Operation Nexus , a collaboration between the police and immigration officials aimed at increasing the number of individuals deported from the UK.

Jo Renshaw
Jo Renshaw

Jo has practised exclusively in Immigration law since qualification in 1993. She is qualified to practice in both Australia and the United Kingdom and has worked as an immigration solicitor for many years in both jurisdictions.

She joined Turpin and Miller Solicitors in 2005, becoming a Partner in 2008. She has been head of the firm's large Immigration Team since 2007. She has worked as a Peer Reviewer in the Immigration category and is one of only a small number of Immigration practitioners accredited by the Law Society at Advanced Level.

Jo's practice is broad based and covers all aspects of immigration and asylum law. She is a member of the firm's specialist Skilled Migration Team and has a particular interest in Points Based matters. Throughout her career she has also had a keen interest in Asylum work, heading the Refugee Advice Service at a national level in Australia prior to returning to the UK. She has maintained this expertise at Turpin and Miller, acts as external legal advisor to an asylum charity based in Southampton and gives training on all aspects of asylum law to charities, social services departments and other voluntary bodies.

David Sellwood
David Sellwood

David practices in the areas of immigration, human rights and criminal justice. He regularly appears before the First Tier Tribunal (Asylum and Immigration Chamber) and Magistrates and Youth Courts. He has also appeared in the Upper Tribunal (Asylum and Immigration Chamber), the High Court, and the Crown Court. Prior to coming to the Bar, David spent over eight years in the human rights sector. Before pupillage David worked at Reprieve, a legal action charity that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay. Initially he was Head of their European Commission funded Death Penalty project, identifying and assisting European nationals on death row in the United States. He later acted as Interim Director of their Death Penalty Team. David worked closely with U.S. legal teams and European diplomats, advising on domestic and international law relating to capital punishment and consular assistance. He was involved in the drafting of petitions to the Inter-American Commission on Human Rights, including in the case of Ivan Teleguz, a Ukrainian national facing execution in Virginia (IACHR, Report No. 53/13, Case 12.864, Merits, Ivan Teleguz, United States, July 15, 2013). David also co-authored an Amicus Curiae brief addressing prison conditions in the U.S, in the European Court of Human Rights case of Babar Ahmad and Others v United Kingdom (Application Nos 24027/07, 11949/08 and 36742/08, Judgment, 10 April 2012). David joined Reprieve from the Foreign and Commonwealth Office (FCO), where he was a Human Rights Adviser seconded by the NGO Prisoners Abroad. ‐¨‐¨Whilst there he advised diplomats and government ministers on human rights issues affecting British nationals overseas, including the right to a fair trial, prisoners' rights, miscarriages of justice, and the death penalty. David has also worked as a Paralegal in the immigration department at Glazer Delmar Solicitors. He was subsequently employed as an accredited Senior Immigration Caseworker at Wilson Solicitors LLP, then Refugee and Migrant Justice, where he prepared and presented asylum and human rights appeals. He undertook an internship at the Independent Jamaica Council for Human Rights (IJCHR) in Kingston, Jamaica, through the Centre for Capital Punishment Studies, assisting local counsel and UK based lawyers representing prisoners sentenced to death.

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Jurisdiction(s):
United Kingdom
Key definition:
Asylum definition
What does Asylum mean?

Protection under the refugee Convention: a 'claim for asylum' means a claim that it would be contrary to the UK's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the UK.

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