Over the last few years the Government has increased their investment in Criminal Casework Directorate. This is the very same department that is responsible for deporting foreign nationals. As a result of this and few other Government initiatives, the people who are trying to stop deportation are facing bewildering complexity of laws.
Deportation is enforced removal of someone “for the public good.” Deportation is usually after serving a criminal sentence in the UK. Forced removal is when the Home Office enforces your removal from the UK because you don’t have any leave to remain. For example your application for leave to remain has been refused or you had some form of leave to remain which has now expired or your visa has expired.
Challenging the removal
- You should not be removed from UK if you have an asylum claim pending, provided it has been decided that the UK will be responsible for your asylum claim in accordance with Dublin Regulations.
- You should not be removed from the UK if you have an appeal pending. Note that not everyone has the right to make an appeal.
- You should not be removed if you have submitted fresh claims and decision has yet not been taken on whether the claims are fresh or not.
- You should not be removed from the UK if you have an injunction preventing that removal.
- You should not be removed from the UK if it breaches the UK’s obligation under the Refugee Convention or EEA treaty rights or the European Convention on Human Rights.
- There may be other reasons also that may form basis for challenging your removal from the UK, such as in case there are other legal proceedings that are ongoing in other areas of law, for example family law.
Challenging the deportation
You will be issued with the notice of deportation arrangements, if deportation order has been made against you. To prevent deportation you will either need to prove that it would be breach of your rights under the Refugee Convention or under the Human Rights Conventions.
The immigration rules are in much favor of deporting a person after a criminal sentence. According to the rules, if you were sentenced for more than 12 months then your deportation is conducive to the public good and in the public interest. However immigration rule maintains that deportation would be proportionate except if deportation would be in breach with your Article 8 rights to family and private life and:
- You have a child under the age of 18 in the UK, who is a British citizen or has lived in the UK for at least 7 years immediately prior to the decision to deport you.
- You have a genuine and subsisting relationship with a partner who is in the UK and is a British citizen or settled in the UK.
Burlow & Spencer is a leading immigration law firms in the EU with highly experienced lawyers practicing in all areas of immigration law. Licensed EU immigration lawyer from Burlow & Spencer can help you if you have broken any immigration rules such as your application for leave to remain has been refused or you had some form of leave to remain which has now expired or your visa has expired.
You can also seek legal advice from Burlow & Spencer while you are in detention. They will help you apply for bail and make further appeals if new information about your situation is found.