How To Get A Deportation Order Revoked
Being subject to a deportation order can be a frightening and stressful experience. Fortunately, our immigration lawyers have the expertise and knowledge to advise and represent you in getting your deportation order revoked so you can remain in the UK.
The case of Darren and Darrell Roberts, illustrate how important it is to challenge a deportation order. Left to its own devices, the Home Office can be capable of making decisions that border on inhumane.
Both boys were born in the UK to parents from the Caribbean islands of Dominica and Grenada, with neither parent having UK citizenship. Because no one applied for British Citizenship for the twins, they are effectively stateless. From the age of 13 years, they were in social care and have both spent time in jail. Following the completion of their prison sentences, they face being deported to two different islands, which neither have ever visited.
Celia Clarke, the director of Bail for Immigration Detainees, told The Guardian:
“Having been in care during childhood, social services should have ensured they became British citizens, to which they were entitled. It is quite appalling that the Home Office should be taking deportation action, resulting in them being torn from the only home they know to find their way in a totally foreign country when they have lived here all their lives. The automatic deportation regime is callous, cruel, and needs to be ended.”
A Home Office spokesperson stated:
“Prisoners who are served with a deportation notice are given the opportunity to provide reasons why they should be exempt from deportation. All representations made will be carefully considered before any action is taken.”
So how can our immigration solicitors assist those facing deportation?
Our team follows the old adage that you have two ears and one mouth, and both should be used in proportion. We take the time to listen to the circumstances surrounding your deportation so we can swiftly judge the best action to take. And please do not worry if your English is not perfect – we have relationships with many translators to ensure you can tell your story in your own language and we can interpret your words accurately.
Why You Are Being Deported?
Under UK law, the Secretary of State for the Home Department is required to deport anyone who has been convicted of a criminal offence and sentenced to 12 months or more in prison if doing so is for the public good.
If you have been sentenced to four or more years in prison, only “compelling circumstances” will prevent your deportation. However, there are several exceptions to this rule. We can challenge your deportation order by arguing that you fall into one of the following exceptions:
- Deportation would breach your rights under the European Convention on Human Rights (ECHR).
- You were under 18 years on the date you were convicted.
- Removal would breach your rights under EU Treaties.
- You are subject to extradition proceedings.
- You are subject to certain orders under the Mental Health Act 1983.
- You are a victim of human trafficking.
Furthermore, if you have a deportation order made against you as a result of a prison sentence of between one and four years, and you are the parent of a child under 18 who is a British citizen or has lived in the UK for seven consecutive years, the order can be challenged if:
- You became a parent when your immigration status was stable (i.e. you were not in prison).
- It would be unduly harsh for the child to live in the country where you are being deported to and it would also be unduly harsh if the child was made to stay in the UK without you.
Your deportation order can also be challenged if you are in a genuine and subsisting relationship with a partner who has Indefinite Leave to Remain or is a British Citizen and the same factors listed above apply.
Challenging a Deportation Order on Human Rights Grounds
Many deportation orders are challenged on human rights grounds. Most commonly, this involves arguing that deporting you breaches your rights under Article 3 or Article 8 of the ECHR.
Article 3 states:
Prohibition of torture
No one shall be subjected to torture or inhuman or degrading treatment or punishment.
Article 8 states:
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home, and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary for a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 3 is an absolute right, meaning if you can show that deporting you will mean you will be subjected to torture or inhuman or degrading treatment or punishment, the Home Office will be breaching your rights if it removes you from the country.
However, the threshold of what constitutes torture or to inhuman or degrading treatment or punishment is relatively high. For example, in (GS (India) and Ors v SSHD  EWCA Civ 40, the Court of Appeal held that neither Article 3 or Article 8 rights would be breached if a person was removed in the knowledge that their live would be drastically shortened due to the lack of healthcare in their home state. Deportation in such instances would only be halted in exceptional circumstances.
Article 8 is not an absolute right, meaning the right to private and family life must be in proportion with the state’s duty to protect the “interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”. However, with exemplary legal advice and representation, Article 8 challenges to deportation can be successful.