If an individual have been directed and is set to be removed from the United Kingdom, it is possible to seek an emergency injunction from the Upper Tribunal for the purpose of stopping your removal. Your injunction would have to show that removing you from the UK unlawful.
In the event that removal is set outside the working hours of the courts, you may seek an injunction from the Duty Judge Upper Tribunal. This kind of injunction can be obtained over the phone. You will need to give the Duty Judge Upper Tribunal reasonable explanation on how removing the person from the UK is not in accordance with the (relevant) law as such unlawful.
There are two types of removals.
With the chartered removal, the Home Office specially charters a flight to send a large number of illegal immigrants to their country of origin. On the flight ticket, there will always be a code that says PVT, this means that the flight is private. Suggesting that the flight is a private flight.
With the standard removal, the Home Office gets the deportee on a regular commercial flight with everyone else. It is important to note that with a standard removal, the judicial review application is the only barrier to removal. However for the chartered removal, you will need more than an judicial review to stop removal.
In order to stop a removal or deportation order on a chartered removal, you need to obtain an interim relief order (injunction) from a judge to stop your flight. It is no longer possible to apply specifically for an injunction. You will normally need to make an application for judicial review and at the same time a separate application for interim relief. The judge will then make a decision. If the interim relief is granted, the judge will then make an order which stops the Home Office from sending you back.
It is also important to note that the removal window, which has often been used to remove immigrants in detention since the law was enacted in 2014 no longer applies in the same way. Now the Home Office may only give a notice of 7 to 72 hours prior to removal. This means that you can literally get a notice to be removed and be subsequently removed the same day.
This new rule has significantly changed the landscape of deportation. It is therefore important to seek legal advice at the earliest. Contact us on 02037442797 and one of our immigration solicitors will be on hand to assist you; alternatively send us an email on email@example.com