A deportation order in the UK is provided to an individual when their removal from the state is for the greater good of the public. It often occurs when the individual has committed a crime that is too extreme for the UK to persecute, but that’s not always the case. Moreover, there’s no way to appeal a deportation order. However, there are specific circumstances that can enable an individual to appeal this order. Thus, this article provides an overview of how to appeal deportation under UK law based on the unique circumstances referenced above.
Understanding Deportation
It’s crucial to first have a clear understanding of what deportation is. Deportation is the process in which the state removes an individual from the UK, revoking any right they have to be in the UK.
Deportation can occur to individuals who also have another nationality. The state is not allowed to leave someone stateless due to their deportation.
With that said, deportation can occur on 3 grounds, which include the following.
- The Secretary of State deems the deportation of an individual to be “in the public interest and conducive to the public good.
- The court recommends deportation for an individual over 17 years of age that is convicted of an offence where the penalty is imprisonment
- A person is the child (under the age of 18 years) or spouse of an individual being deported.
How to Appeal Deportation Under UK Law – Different Options
With any of the options mentioned above, you can appeal your deportation order only under unique circumstances. One of these instances includes that the individual challenges the order under a human rights claim. Therefore, according to the Human Rights Act 1998 of the UK, deportation cannot occur if the individual is being subjected to “torture” due to the order. This can also occur when the individual’s family or private rights are infringed upon.
An Individual must appeal within 28 days of receiving the order. Those who are in detention have only 5 days. The appeal should contain details on why and how the deportation order is going against the prohibition of torture law under UK law.
An individual can also challenge a deportation order if they have applied for asylum and have not received the result of the application or if they have a leave to remain application pending.
The quickest option for deportees is to file a judicial review application if they do not have any basis for a human rights claim.
Final Words
Challenging deportation orders is no simple task, and the chances of the order being revoked are very low. Therefore, it’s paramount that you hire trained solicitors in this field to help guide you. Thus, your solicitor can provide you with the best options on how to appeal deportation under UK law.
