Immigration deportation orders are a process of removing someone from the UK. Usually, appeal deportation order are serving to those who have been convict of a criminal offense.
There are other instances whereby you can ask to leave the UK:
- On the grounds it is conducive to the public good.
- If a family member is deporting from the UK.
- Under EU public policy, public security or public health grounds.
The UK Home Office policy guidance provides details of appealing against the deportation order.
When making further representations on the appeal stage is relevant and ensures that both the Home Office and the Tribunal are fully aware of your circumstances.
What are the exceptions to automatic deportation orders?
There are reasons why a deportation order may not activated and the Home Office policy does change over time. Here is Section 33 of the 2007 Act, which provides the following exceptions to automatic deportation:
- Firstly, If the removal would breach a person’s rights under human rights grounds or the refugee convention.
- Secondly, Where the person is a minor and was under the age of 18 years.
- In addition, Where a person holds leave under Appendix EU.
How do you appeal against a deportation order?
You will be served by the Home Office a deportation notice and given a right to appeal against that decision.
- Check the decision letter, so that would explain in full the grounds of your refusal. It would be helpful for you to check the details set out by the Home Office as to why they have decided to serve the deportation order.
- Appealing deportation order is essential because it would allow you to put your legal defense before an Immigration Judge.
In line with the Immigration Act 2014, the decision to refuse a protection claim or a human rights claim will allow you to appeal against the decision on your appeal visa decision.
Unlawful decision: the appeal determination in Charles
The court decision in Charles (human rights appeal: scope) [2018] UKUT 89 (IAC) discusse the question of whether “a decision was in accordance with the law” and is relevant to a deportation appeal, especially when the human rights grounds are considering.
- If Article 8 ECHR is engaged, then the Tribunal will consider whether the interference to that right is lawful and this would be wider sense which is now relevant to an appeal.
Preparing for a appeal deportation order hearing
Once the appeal is filing and the Home Office files its appeal bundle, you will ask to complete and file an appeal bundle.
- Appeal skeleton argument. This is your legal defense against the decision by the Home Office and forms part of the legal submissions before the Judge.
- You and any interested parties who wish to give evidence before the Tribunal, must file a detailed witness statement. The statements required so the Tribunal can cross-examine the evidence.
- Chronology of events. This required and sets out key details of your legal challenge deportation order revocation.
- Evidences. A critical part of your submissions before the Tribunal Judge. Several key evidences to support your matter will need to prepared and filed.
- Case laws. Relevant to your matter and support in your legal challenge. Your Lawyer should be able to prepare those matters.
- Expert reports. There may be requirements to file expert reports, for example if you have a mental health issue, providing a supporting assessment and report from a mental health practitioner would be helpful.
Attending before a Tribunal Judge
One of the moist critical parts of an immigration appeal hearing is when evidences are cross-examining by both the Home Office and the Judge.
- The witness statements play a crucial part in the hearing. This is testing in evidence.
- Cross examination occurs, and the Tribunal must be convince the evidence present.
- In most appeals, the credibility of the witnesses plays an important role in the hearing outcomes.
Appeal deportation order– frequently asked questions (FAQ)
We have put together some useful information on how to appeal against a deportation order.
This is when the Home Office will serve directions as they consider making a deportation order against you. It allows you to make a formal representation with grounds and evidence. In our experience, we have seen that there is an absence of submissions made, which leads to stage 2 being served against you. There is usually a 20-working days deadline given to this, and a time extension can requested based on the reasons.
The Home Office will consider the grounds and evidence filed to consider whether to activate a deportation order. If you fail to provide the stage 1 response or have done so, however, the public interest arguments outweigh your deportation, the Home Office will trigger the deportation order. This may then generate a right to appeal against the decision.
If you are in the UK, you would normally have a right to appeal within 14 days. If you have removed from the UK, then it would be 28 days from the date of your departure from the UK. The deportation order itself is not an appealable decision.
When you file an appeal, it is important that you raise all matters correctly to avoid a matter not considered before the Tribunal. The factual matrix of your circumstances, which was not disclose at the time of lodging an appeal, could impact what is considere before the tribunal and court.
In some instances, there can be directions serve to remove your ILR status. There are a number of reasons why this could be done, including an active deportation order serve.
It is in your interest to prepare for the matter, so having someone who has both experience and expertise in deportation matters can ensure you are prepare and have the best chance to overturn a deportation order.
We have successfully challenged several deportation orders and appeals. You can read one of our latest judgements before the Upper Tribunal on the 7th March 2024 – deportation orders and appeals.
ICS Legal are a regulated law firm in the UK and have been providing immigration & nationality advice for over 18 years. We are regulated by the Office of the Immigration Services Commissioner part of the Home Office.
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