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Deportation is the process whereby a non-British Citizen can be compulsorily removed from the UK and prevented from returning unless and until the deportation order is revoked.
Who can be deported?
This includes all foreign nationals whether in the UK lawfully or unlawfully.
EEA nationals can be deported however special rules apply. Please speak to one of our immigration lawyers if you need advice in this area.
Who cannot be deported?
It is not possible to deport a British Citizen. There are some limited circumstances in which a person who has become British can be deprived of their nationality but this is outside the scope of this paper.
On what basis can a person be deported?
Grounds of Deportation
A person liable for deportation can be deported in the following circumstances:
The Secretary of State deems his or her deportation to be conducive to the public good
Another member of the family to which he or she belongs is to be deported
A court recommends deportation after conviction of an offence punishable by imprisonment
Please contact one of our immigration lawyers if you need advice on deportation.
Right to Seek Bail
The right to seek bail is contained in Schedule 2 of the 71 Act, the 1996 and the 1999 Act. It arises in the following circumstances:
i) new arrivals detained for more than 7 days pending examination (Schedule 2 paragraph 22(1)(a)(1b) as amended by Schedule 2 paragraph 11(1)-(3) of 96 Act);
ii) those whose leave to enter is cancelled or leave to enter is refused (paragraph 22(1)(aa), Schedule 14 para 63 of the 99 Act);
iii) suspected illegal entrants and overstayers pending the giving of directions; (22(1)(b))
iv) following a decision to deport; (22(1)(b)
v) following a recommendation for deportation or a deportation order now that s.54 of 99 Act comes into force.
vi) pending appeal except where the appeal is in respect of human rights issues and the person has been recommended for deportation following criminal conviction.
vii) on an application for judicial review as part of interim relief.
viii) by the Court of Appeal on appeal from the IAT.
Who do I make the application to?
Bail applications may be made to a Chief Immigration Officer, or to an immigration judge. Therefore if the Immigration Service refuse to grant a person temporary admission or bail, they have a right to apply for bail to an immigration judge.
Speak to one of our immigration lawyers if you need advice about making a bail application.
Immigration Advice Centre
1st Floor, Rear Suite,
96-98 Borough Road,
Tel: 44 (0) 1642 219222
Opening Hours and telephone advice:
Monday to Friday 9am-5pm
Saturday: By prior appointment only
Email advice: 9am -9pm daily
Accredited with The Law Society Immigration and Asylum Accreditation Scheme
Regulated by the Officer of the Immigration Service Commissioner