Appealing a deportation order

The deportation process

Immigration deportation orders is a process of removing someone from the UK. Usually, deportation orders are served to those who have been convicted of a criminal offence. 

There are other instances whereby you could be asked to leave the UK:

o   On the grounds it is conducive to the public good. 

o   If a family member is being deported from the UK.

o   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 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 order?

There are reasons why a deportation order may not be 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:

o   If the removal would breach either a person’s rights under human rights grounds or the refugee convention. 

o   Where the person is a minor and was under the age of 18 years. 

o   Where a person holds leave under Appendix EU. 

How to appeal against a deportation order?

You will be served by the Home Office, a deportation notices and given a right to appeal against that decision. 

o   Check the decision letter, as 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. 

o   Appealing the deportation order is important because it would allow you to put your legal defence 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 deportation order. 

You can file your appeal to the First Tier Tribunal both online and also on appeal paper form.

First Tier Tribunal directions

Unlawful decision: the appeal determination in Charles

The court decision in Charles (human rights appeal: scope) [2018] UKUT 89 (IAC), discussed the question on whether “a decision was in accordance with the law” and is relevant to a deportation appeal, especially when the human rights grounds are considered. 

o   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 deportation appeal hearing 

Once the appeal is filed and the Home Office files their appeal bundle, you will be asked to complete and file an appeal bundle. 

o   Appeal skeleton argument. This is your legal defence against the decision made by the Home Office and forms part of the legal submissions before the Judge. 

o   You and any interested parties, who wish to give evidence before the Tribunal, must file a detailed witness statement. The statements are required, so the Tribunal can cross examine the evidences.

o   Chronology of events. This is required and sets out key details of your legal challenge against the deportation order.

o   Evidences. Critical part of your submissions before the Tribunal Judge. A number of key evidences to support your matter will need to be prepared and filed. 

o   Case laws. Relevant to your matter, and support in your legal challenge. Your Lawyer should be able to prepare those matters. 

o   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-examined by both the Home Office and the Judge. 

o   The witness statements play a crucial part on the hearing. This is tested in evidence. 

o   Cross examination occurs and the Tribunal must be convinced in the evidences presented. 

o   In most appeals, the credibility of the witnesses plays an important role towards the hearing outcomes. 

Deportation orders and how to appeal – frequently asked questions (FAQ)

We have put together some useful information on how to appeal against a deportation order?

What is a stage 1 decision to make a deportation order? This is when the Home Office will serve directions as they consider making a deportation order against you. It does allow you to make formal representation with grounds and evidences. In our experience, we have seen that there is an absence of submissions made, which leads to the stage 2 being served against you. There is usually a 20-working days deadline given to this, and time extension could be requested based on the reasons. 

What is stage 2 decision of a deportation order? The Home Office will consider the grounds and evidences 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. 

How do I appeal a deportation order? If you are in the UK, you would normally have a right to appeal within 14 days. If you have been removed from the UK, then it would be 28 days from the date of your departure from the UK. Deportation order itself is not an appealable decision. 

The difference between a new matter and new evidence? 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 disclosed at the time of lodging an appeal could impact what is considered before the tribunal and court. 

Can the Home Office revoke an indefinite leave to remain (ILR) status? In some instances, there can be directions served to remove your ILR status. There are a number of reasons why this could be done, including an active deportation order being served. 

Do I need to hire an Immigration Lawyer or Barrister to help on the deportation order appeal? It is in your interest to prepare for the matter, so having someone who has both experience and expertise in deportation matter, can ensure you are fully prepared and have the best chance to overturn a deportation order. 

Does ICS Legal have experience in representing a deportation appeal? We have successfully challenged a number of deportation orders and appeals. You can read one of our latest judgement before the Upper Tribunal on the 7^th March 2024 – https://tribunalsdecisions.service.gov.uk/utiac/ui-2023-004516. 

About the author

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.