Deportation and Criminal Convictions: A Guide for Non-British Citizens

Criminal Conviction

Deportation after a criminal conviction in the UK is a serious matter that affects many non-British citizens. It involves the forced removal of individuals from the UK following their involvement in criminal activities. This process is governed by various legal frameworks to maintain public safety and uphold the law.

Automatic Deportation

Under the UK Borders Act 2007, foreign nationals who receive a prison sentence of at least 12 months are automatically considered for deportation. This measure is based on the belief that deporting these individuals serves the public good. The automatic nature of this process means that once the sentence threshold is met, the individual is likely to face deportation unless specific exceptions apply.

Deportation Orders

A deportation order is an official directive the Secretary of State issued under the Immigration Act 1971. This order mandates the individual to leave the UK and permits detention until removal is affected. Additionally, the deportation order prevents the person from re-entering the UK indefinitely unless it is later revoked or the individual gains British citizenship.

Exceptions to Automatic Deportation

Several exceptions exist where automatic deportation may not be enforced:

  • Convention Rights: If deportation violates the individual’s rights under the European Convention on Human Rights or the UK’s obligations under the Refugee Convention, it may not proceed.
  • Minors: Individuals under 18 at the time of their conviction are exempt from automatic deportation.
  • Community Rights: If deportation would infringe on rights protected by community treaties, it could be halted.
  • Extradition Proceedings: Individuals involved in extradition proceedings are protected from deportation until resolved.
  • Mental Health: Persons under specific orders or directions under the Mental Health Act 1983 may be exempt.

Discretionary Deportation

Beyond automatic criteria, the Secretary of State has discretionary powers to deport foreign nationals if conducive to the public good. This can include individuals who have received a custodial sentence of 12 months or more for a single offence, even if they do not meet the automatic deportation threshold.

Revocation of Deportation Orders

There is an avenue for individuals to challenge deportation orders. Foreign nationals can apply to the Home Office for the revocation of their deportation order. Typically, this application must be made outside the UK after the individual leaves the country.

Impact on Family Life

Deportation decisions also consider the impact on the individual’s family life. Factors such as having a British child or a substantial relationship with a partner who is British or holds indefinite leave to remain in the UK can influence whether deportation is proportionate. Article 8 of the European Convention on Human Rights, which protects the right to family and private life, plays a significant role in these considerations.

Legal Representation

Navigating the complexities of deportation laws requires expert legal assistance. It is crucial for those facing deportation to seek advice from experienced immigration lawyers. Legal professionals can provide guidance, represent individuals in appeals, and work to achieve the best possible outcome.

Conclusion

Deportation after a criminal conviction is a structured yet intricate process. It involves automatic and discretionary measures, with specific exceptions and legal avenues for challenging orders. The impact on family life and the importance of legal representation are critical elements in these cases. Understanding the legal framework and procedures can help affected individuals and their families navigate this challenging situation effectively.