Revocation of a Deportation Order

A person who is subject to a deportation order can apply to the Home Office for revocation of the order. The revocation of a deportation order refers to the cancellation or reversal of a decision made by the UK government to deport an individual from the country.

An individual who has been deported from the UK must apply in writing for revocation of the deportation order and wait for the outcome of the revocation before they can travel to the UK or before they can apply for entry clearance.

If you require legal advice or assistance with your appeal against the deportation order, contact our immigration solicitors today by calling 0208 616 5535 or filling out our online contact form.

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What is a deportation order?

A deportation order in the UK is a legal decision issued by the Home Office or immigration authorities to compel an individual to leave the country due to breaches of immigration laws, criminal convictions, or threats to public safety.

It mandates their departure from the UK within a specified timeframe, with the option to appeal the decision based on various grounds, including human rights considerations.

What is the main reason for deportation?

Deportation orders in the UK can be issued for various reasons, including:

• Immigration Violations: People who have breached immigration laws, such as overstaying their visa or working without authorisation.
• Deception: Individuals found to have used deception or false information to obtain leave to remain in the UK.
• Family Member Deportation: Sometimes, family members of a person being deported may also be subject to a deportation order, particularly if they depend on the deported individual for their immigration status.
• Criminal Convictions: Individuals convicted of serious crimes in the UK, especially if they are sentenced to imprisonment.
• National Security: Those deemed a threat to national security or involved in terrorism, espionage, or extremist activities.
• Public Good: Cases where the Home Office determines that the individual’s deportation is conducive to the public good, often due to persistent offending or anti-social behaviour.

Appealing against a deportation order

Under certain circumstances, you may have a right to appeal to have a deportation order revoked. In these cases, you would receive notification of the decision to refuse the revocation of the deportation. You would also receive the notification of your right to appeal.
 
There are certain time limits in place for you to submit the notice of appeal and this is why you should seek advice from a specialist immigration solicitor. It is vital that these time limits are not missed and that the correct procedure is followed.
 
There are sometimes compassionate grounds for appealing against your deportation order. People who have lived in the UK for many years and fear they may be subjected to persecution if deported might appeal on compassionate grounds.

A deportation order should not be made against you if doing so would lead to a breach of the UK's duties under the European conventions on human rights and or refugees.

Request to revoke a deportation order

An application for revocation of a deportation order made on criminality or other grounds may be made:

• to an Entry Clearance Officer (ECO) where the request is made at the same time as an application for entry clearance
• direct to the Home Office

An application to revoke a deportation order must be made from outside the UK after the person has been deported unless removal would result in a breach of a person's human rights.

When a deportation order can be revoked

A person who is subject to a deportation order can apply to the Home Office for revocation of the order. Such an application must be made from outside of the UK after the person has been deported.

Requests to revoke a deportation order have no explicit format and can be made as part of an entry clearance application or directly to the Home Office.

Requests to revoke a deportation order made under the 1971 Act or 2007 Act will be considered in accordance with paragraphs 13.4.1. to 13.4.5. of the Immigration Rules.

Deportation order made on criminal grounds

When a deportation order is made on criminal grounds in the UK, it typically involves the removal of an individual who has been convicted of a serious crime and whose continued presence in the country is deemed not conducive to the public good.

Deportation orders are often issued to non-citizens who have been convicted of serious criminal offences, especially those resulting in a prison sentence.

The severity of the crime and the length of the prison sentence can influence the decision. Typically, sentences of 12 months or more can trigger deportation proceedings.

Deportation order on non-criminal grounds

Under UK immigration law, deportation orders can be issued not only on criminal grounds but also on non-criminal grounds, as outlined in Paragraph 13.4.5 of the Immigration Rules.

This provision allows the Home Office to deport individuals whose presence in the UK is not conducive to the public good for reasons other than criminal activity.

Grounds for Deportation Under Paragraph 13.4.5

• Overstaying: Individuals who remain in the UK beyond the expiry of their visa or leave to remain.
• Illegal Entry: Entering the UK without proper authorisation or using false documents.
• Violation of Visa Conditions: Breaching the terms and conditions of a visa, such as working without permission.
• Fraudulent Applications: Providing false information or documents in visa or asylum applications.
• Identity Fraud: Using another person’s identity or creating a false identity to gain entry or remain in the UK.

How long does it take to get a decision on a revocation application?

The time taken to receive a decision on a revocation application can vary depending on the complexity of the case and the workload of the Home Office. Generally, it is advisable to prepare for a wait of several weeks to months before receiving a decision.

How we can help

Seeking legal advice and representation from an immigration solicitor is important when facing a deportation order. We can provide guidance on the appeals process, help gather evidence, and present a strong case for challenging the deportation.

• Assessment of Grounds for Appeal: We can assess your case to identify valid grounds for appeal, such as human rights violations, legal errors, or new evidence.
• Document Collection: Our solicitors assist in gathering all necessary documents and evidence to support your appeal. This can include personal statements, medical reports, evidence of family ties, and more.
• Drafting Legal Arguments: We will formulate strong legal arguments and prepare detailed submissions to present to the tribunal.
• Filing Paperwork: Our solicitor ensures that all forms and documents are completed accurately and submitted within the required deadlines.
• Representation: We can represent you at appeal hearings, presenting your case, cross-examining witnesses, and responding to the Home Office's arguments.
• Liaison with Home Office: We handle communications with the Home Office, ensuring that your case is presented clearly and any requests for additional information are promptly addressed.

How to contact us?

FAQs: Revocation of a deportation order