Deportation & Removal Challenges

Deportation refers to the process of removing an individual, normally for the purpose of ‘public good’ and is usually applicable to foreign criminals sentenced for over 12 months in the UK. Administrative Removal on the other hand is the process under which individuals are removed from the UK if they have no right to remain in the UK.

Challenges against Deportation

In most circumstances, there is no longer an automatic right to appeal a deportation judgement. There is, however, a right of appeal if a person is granted pre-settled status or settled status under the EUSS, or has leave to enter having arrived in the United Kingdom with a valid EUSS Family Permit, and a decision is made to make a deportation order under section 5(1) of the Immigration Act 1971 on or after 11 p.m. on 31 January 2020.

Deportees, on the other hand, can see if they have any arguable human rights claims under Article 8 of the Hague Convention on Human Rights, which may give them a right of appeal if the claim is not declared as plainly unjustified. This is also the opportunity to file a claim on any other grounds, as deportees are typically handed a one-stop notice requesting them to disclose all reasons for remaining in the UK that they have not previously stated to the Home Office. If the deportee does not have the right to appeal the deportation decision and has not yet filed a human rights or asylum claim, he or she may be eligible to seek judicial review, especially if the deportation is imminent and there are arguable grounds.