LPC IMMIGRATION SGS 9 - REMOVAL AND DEPORTATION FROM THE UK (DEPORTATION …
LPC IMMIGRATION SGS 9 - REMOVAL AND DEPORTATION FROM THE UK
- a person may be liable to deportation (s.3(5) or s.3(6) IA '71 if:
it is conducive to the public good; or
person is a spouse/civil partner/child of person being deported; or
person is convicted of an offence punishable with imprisonment and on conviction is recommended for deportation by the court.
Effect of a deportation order
subject of order must leave UK;
order authorises detention until removal;
order prohibits re-entry to the UK while order remains in force;
order invalidates any existing leave to enter or remain given before order made/while order is in force.
Once DO is in force, must successfully apply for revocation to return to UK. See guidance in para 391 IRs.
Usually (though not always) following conviction for criminal offence and:
:fast_forward: required behaviour: convicted of crim offence
crim court recommends DO;
convicted of crim offence;
presence not conducive to public good.
:fast_forward: then, UKVI consider if a DO is conducive to the public good.
:fast_forward: (Other behaviour which may lead to a DDO - eg public statements contrary to the national interest/incitement.)
:fast_forward: then, UKVI serves notice of intention to deport and invites representations on this.
:fast_forward: then, UKVI reconsiders decision: makes or does not make DO. :fast_forward: DO (if made) is served on applicant.
:fast_forward: Right of appeal? New regime: essentially limited to s.33 exceptions - HR; asylum; EC treaty issues.
UK Border Act 2007. Most commonly used for deportation now.
conviction for criminal offence and:
of 12 months+; or
sentence of imprisonment of any length for prescribed (particularly serious) offence. DO is made.
:fast_forward: UKVI considers if any of the s.33 Borders Act
applies; if not, DO stands. If yes, DO is revoked.
(Exceptions relate to ECHR; Refugee Convention; EC Treaty; mental health grounds; age (under 18); trafficking provisions: would deportation breach any of these?)
:fast_forward: DO is served on applicant.
:fast_forward: Right of appeal? New regime (IA 2014): essentially limited to s.33 exceptions - HR; asylum; EC treaty issues.
Much greater protection against deportation than non-EEA nationals
May only be deported on grounds of:
Decision may only be made in accordance with Reg 27 Imm(EEA) Regs 2016.
Increased threshold if EEA national has acquired permanent residence and/or has resided in UK for 10 years.
- order may be made following:
:arrow_left: Decision under
:arrow_lower_left: Decision to
with no further basis of stay
Finding of illegal entry
(s33(1) IA 1971)
UNLAWFULLY ENTERING or seeking to enter in breach of a deportation order or the immigration laws
:forbidden: Entering in
of a deportation order - DO prohibits person named from entering country while DO is in force.
:forbidden: Entering in breach of immigration laws - for example, failing to see an immigration officer when entering, by entering
. Entering without leave, when leave is required.
Entering or seeking to enter by DECEPTION
(by applicant or 3rd party)
:forbidden: Entering openly rather than clandestinely, but using
to gain entry - eg lying to IO/failing to disclose information that would affect the IO's decision.
Some relevant points to consider: was it 'active' or 'passive' deception; any expectation that applicant should have disclosed information?; SSH must
- must show
intent using clear and unambiguous
; will involve
if facts are not clear/applicant does not admit deception.
Decision under s.10 Immigration and Asylum Act 1999
Where a person requires leave to enter/remain in UK but does not have such leave.
person who has breached condition of leave, eg working in breach, claiming public funds in breach;
person who has used deception seeking leave to remain (different from illegal entry - relates to deception in application to vary or extend stay);
family members of a person served with removal directions.
Decision to refuse entry with no further basis of stay
:no_entry: Refusal of entry at port (or refusal of entry after waiting for decision on entry) without any basis of qualification for entry. eg: visa national seeks entry but does not have visa.
What are the remedies
re admin removal and deportation?
right of appeal unlikely except on grounds of asylum/human rights
grounds for JR?
NB in country appeal unlikely unless there are asylum/HR grounds
Appeal to FTT against decision
there is a relevant right of appeal
If crim court has made recommendation, appeal to relevant crim court
NB under post 20/10/14 regime, right of appeal only if appellant raises asylum, human rights or EEA grounds. Appeal may be in country but can be certified - appeal from abroad.
REMINDER :warning: - DEPORTATION AND ADMINISTRATIVE REMOVAL ARE
DIFFERENT PROCESSES - not interchangeable terms