Deportation Order is a statutory power given to the Home Secretary under section 3(5) of the Immigration Act 1971.

The Secretary of State must make a this order in respect of a foreign criminal. 

A deportation order is a formal decision made by the UK Home Office to remove a non-citizen from the country. It is issued in cases where the individual’s presence in the UK is deemed not conducive to the public good, often due to criminal activity or national security concerns. This order not only leads to the physical removal of the individual from the UK but also bars them from returning, unless they obtain special permission from the Home Office.

Legal Grounds for a Deportation Order

The UK government typically issues this orders in the following circumstances:

1. Criminal Convictions: If a non-British individual is convicted of a criminal offence and sentenced to imprisonment, especially for a term of 12 months or more, the Home Office can issue a deportation order.

2. Public Good: In cases where the individual’s presence in the UK is deemed detrimental to public safety or national security, they may face deportation regardless of whether they have committed a crime.

3. Family Members of a Deported Individual: In some cases, family members of a person subject to deportation may also face deportation if they have no independent right to remain in the UK.

Consequences of a Deportation Order

Once a deportation order is issued, the individual must leave the UK and cannot return while the order is in force, typically for 10 years. It also cancels any leave to remain or permission to stay in the UK that the individual previously held.

Challenging a Deportation Order

It is possible to appeal or challenge an order, though this can be a complex process. Grounds for challenging may include:

• Human Rights Violations: If deportation would breach the individual’s human rights, particularly under Article 8 of the European Convention on Human Rights (right to private and family life), they may have grounds to appeal.

• Asylum and Protection Claims: If the individual fears persecution or harm in their home country, they can make an asylum claim to stop the deportation.

• Judicial Review: If all other avenues are exhausted, then an order can be challenged through judicial review, where the legality of the decision-making process is examined.

Re-Entry after Deportation

Individuals subject to a deportation order cannot return to the UK unless they receive express permission from the Home Office. This is known as a revocation of a deportation order, and such requests are carefully reviewed on a case-by-case basis.

Legal Support

If you are facing a deportation order, it is essential to seek professional legal advice. Asher & Tomar Solicitors have been assisting clients in navigating UK immigration law since 2008. We can provide expert guidance and representation, ensuring that your case is handled with the utmost care and precision.