Challenging deportation decisions
Produced in partnership with Nick Nason of Edgewater Legal , Jo Renshaw of Turpin Miller and David Sellwood of Garden Court Chambers

The following Immigration practice note produced in partnership with Nick Nason of Edgewater Legal, Jo Renshaw of Turpin Miller and David Sellwood of Garden Court Chambers provides comprehensive and up to date legal information covering:

  • Challenging deportation decisions
  • Challenging a deportation decision
  • Non-suspensive appeals and certification under NIAA 2002, s 94B
  • The test for certifying a human rights claim under s 94B
  • Timing for issuing a s 94B certificate
  • Certificates issued under NIAA 2002, ss 94 and 96
  • Challenging certification
  • Conducting an appeal
  • Revocation of a deportation order
  • Under IA 1971
  • More...

Challenging deportation decisions

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

NIAA 2002, s 82 as amended by IA 2014, s 15 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

Where the SSHD decides deportation is appropriate, a decision to make a deportation order is served on the individual concerned, outlining why their presence is deemed to be non-conducive to the public good. It also explains that representations can be made within a 20-working day period as to why deportation is not appropriate in the circumstances.

The relevant guidance also confirms decisions to deport should contain a NIAA 2002, s 120 warning, requiring the individual to raise any further reasons as to why they should remain in the UK as soon as they occur, including where there is a change of circumstances. Any representations made in response to the decision also need to identify whether there are any reasons why an appeal against a final refusal of any claim should

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