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Revocation Of Deportation Order

An individual's application for revocation of an order of deportation will be examined in line with paragraph 390 of the immigration rules bearing in mind all the circumstances inclusive of the below listed:

  • The basis on which the order was made
  • Statements made that supports the revocation
  • Community interest as well as maintenance of effective Immigration Control<
  • Applicant's interest as well as any sympathetic situations.

In accordance to the Immigration Rules under paragraph 391, in a situation whereby the applying person has been removed as a result of conviction for criminal offence continued debarment.

  • In a case where the conviction can be spent in accordance with the 1974 Rehabilitation of Offenders Act, except the conviction is spent inside the bounds of the meaning of the Act or, in a situation whereby the conviction is elapsed in less than 10 years, 10 years have gone by since the inception of the deportation order; or
  • In a case where a conviction cannot be spent in accordance with the Act, except a refusal to rescind the deportation order will contradict the Human rights Convention or the Convention and Protocol Relating to Refugees Status.

Usually will be the right direction. The order in some other cases would not usually be permitted except circumstance has been significantly changed, either by an alteration of situation from the inception of the order, or by the discovery of new information that was non-existent before, or the authorities dealing with the reversal of the decision or the Secretary of State. The time elapse since the deportation of the person might act as a determining factor that could lead to alteration of the situation so as to justify the revocation of the order.

Appealing a UK Deportation Order

An individual whose deportation order has been revoked is not permitted to re-enter the UK rather he/she is authorized to make an application for leave to enter in accordance with the Immigration Rules. This application for revocation is to be made to the Entry Clearance Officer (ECO) or to the Home Office directly.

Appeal Against The Refusal Of Revocation Of Deportation Order

I have been served a deportation order what do I do

An applicant might be entitled to make an appeal against a refusal to revoke a deportation order. In a situation where this exists, the individual would be informed of the entitlement of appeal simultaneously as the revoke of order refusal decision.

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