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

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

  • Deportation
  • What are the circumstances which may trigger a decision to deport?
  • Who is liable to automatic deportation?
  • The statutory exceptions
  • Deportation and the public interest
  • Public interest considerations under Part 5A of NIAA 2002
  • Meeting an exception
  • Grants of leave
  • Deportation of specific groups
  • British citizens
  • More...

Deportation

Deportation is the process by which a non-British citizen can be removed from the UK and prevented from lawfully returning. The power to deport is found in the sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007).

A deportation order has a number of effects:

  1. it requires the subject to leave the UK

  2. it authorises their detention until removal

  3. it automatically invalidates any leave to enter or remain—either given before the deportation order is made or while it remains in force

  4. it prohibits the subject from re-entering the UK unless, and until, it is revoked

The process of deportation must be distinguished from that of administrative removal (see Practice Note: Administrative removal: general principles).

Knowingly entering the UK in breach of a deportation order is a criminal offence.

What are the circumstances which may trigger a decision to deport?

A deportation order may be made by the Secretary of State for the Home Department (SSHD), acting through the Home Office, in the following circumstances:

  1. where the SSHD deems it to be ‘conducive to the public good’

  2. where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment, and

  3. where the person is the spouse, civil partner or child under 18 years,

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