Deportation Appeals: Challenging Deportation Orders

You, a group, or a community will probably bear the brunt of a deportation order. If you or your loved one have received deportation order in the UK, it is important that you know your rights, e.g., how to appeal the order.
This is a guide which will assist individuals in comprehending the intricacies of appealing from deportation, the grounds for an appeal, as well as step-by-step explanations on how to appeal a deportation order.

What is a Deportation Order?

Simply speaking, a deportation order is a notice which is issued by the UK Home Office to an individual to depart the UK. It can be enforced on various grounds, including:
•Criminal offenses that attract a prison sentence of 12 months or longer.
•A determination that the individual’s presence in the UK is not in the interest of the public.
•Immigration law offences, for instance, overstaying a visa or obtaining benefits through deceitful means.

Can You Challenge a Deportation Order?

You may challenge a deportation order through an appeal or judicial review, depending on your circumstances. The procedure for doing so and the chances of success depend on various factors, such as the type of case, evidence, and legal argument put forward.

Grounds for Appealing a Deportation Order:
In challenging a deportation order, the following grounds in law can be relied upon:

1. Human Rights Grounds (Article 8 of the ECHR):
The European Convention of Human Rights (ECHR) provides that a right of private and family life exists. In cases where deportation will break family ties (such as where there are British-born children or an existing partner within the UK), the appeal under Article 8 can be sustained.

2. Asylum and Protection Claims:
If return to your country of origin would expose you to the risk of persecution, torture, or inhuman treatment, then you could appeal on grounds of asylum or humanitarian protection legislation.

Read Also: Asylum in the UK: A Guide to the Process and Eligibility

3. Home Office Procedural Mistakes:
If there have been errors of procedure in the decision-making process, e.g., failure to consider cogent evidence properly or procedural bias, then the appeal can be based on such facts.

4. Length of Residence and Integration:
Where the person has lived in the UK for a while, particularly from an early age, their integration into society is also something to be considered when determining appeal cases.

How to Appeal a Deportation Order:

Step 1: Make an Appeal with the First-tier Tribunal:
The appeal procedure usually begins at the First-tier Tribunal (Immigration and Asylum Chamber). The appeal must be lodged within 14 days of receiving the deportation order if in the UK or 28 days if overseas.

Step 2: Prepare Your Case:
Good evidence is necessary to make a successful appeal. This may be:
• Proof of UK family ties (e.g., marriage records, birth certificates of British children)
• Medical expert reports showing susceptibility to harm upon deportation
• Certificate of rehabilitation upon deportation as a consequence of a criminal offense
• Witness testimony or expert evidence in favor of your case

Step 3: Attend the Tribunal Hearing:
The First-tier Tribunal will arrange a hearing at which you (or your representative) may make your case. A judge will listen to the evidence and rule on the case on its merits.

Step 4: Appeal to the Upper Tribunal (If Necessary):
If the First-tier Tribunal rejects the appeal, you can try bringing the case before the Upper Tribunal, if there was a mistake of law in the ruling.

Judicial Review as an Option:

If there is no appeal, a Judicial Review can be an option. This is questioning the legality of the Home Office decision rather than the facts of the case. Judicial Review is a complex process that will typically require legal assistance.

Legal Assistance and Advice:

Due to the complexity of deportation appeals, professional legal help is strongly advised. Immigration lawyers and legal aid centers can assist in making robust cases, with all pertinent legal arguments and evidence being put forward effectively.

Conclusion:

Challenging a UK deportation order is a scary but possible task. Appealing either on the basis of human rights, protection as an asylum seeker, or process errors, being in possession of your full knowledge of your rights and negotiating through with an experienced legal adviser can greatly enhance the chances of success.

If you are awaiting deportation, act quickly and have a professional counsellor with whom you can sit down and determine your possible avenues.

For more information, call an immigration attorney or legal aid organization with experience in deportation appeals.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.