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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?

Listening Carefully

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.

If you overstay on your visa, have a visa application rejected, or break the rules on your visa, the Home Office can make you subject to administrative removal. This is different from deportation.

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 [2015] 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.

Our immigration solicitors have extensive experience in human rights applications in deportation cases. If you are facing deportation, it is crucial to contact us immediately so we can help you.

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ACQ5 Awards Award ACQ5 Awards Award
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O.L

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As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

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"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

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"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

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"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

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"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

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"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

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"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

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"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

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Top Notch Immigration Service

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Richard Stone

"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

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Salisu Ibrahim

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Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A mas...

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Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigrat...

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Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...

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Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into st...

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Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

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Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva th...

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Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recomme...

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Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listen...

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Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...

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Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled ...

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Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

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Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

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Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

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Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

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Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

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Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

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Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...

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Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people....

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