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DEPORTATION AND ADMINISTRATIVE REMOVAL

Deportation

Deportation is a serious punitive immigration measure under S5 of the Immigration Act1971, the Secretary of State for the Home Department (SSHD) has a discretionary power to make a deportation order. This requires a person to leave the UK and prohibits him from lawfully re-entering while the order is in force.

British citizens and others with the right abode cannot be deported. There are other exemptions from deportation dealt with in S7 (i)(b) and (c) of the 1971 Act.

The SSHD may order that a person is to deported by virtue of S3(5)(b) and (6) of the 1971 Immigration Act, which are as follows:

  • That the Secretary of State considers his deportation to be ‘conductive to the public good’;
  • A person is a member of the family of a deportee;
  • A court has recommended deportation, in the case of a person aged 17 or over convicted of an offence punishable with imprisonment.

The procedure for deportation is described in paragraphs 382 & 384 of the Immigration Rules. Besides the normal immigration route to challenge the deportation order via appeal process, the decision can be contested under articles 2, 3, 5, 6 and 8 of the European Convention on Human Rights.

Deportation is a complex area of immigration law in which one requires an expert advice and representation. MT UK has expertise in this area of law therefore, contact Team MT UK Immigration and Human Rights Department for help and assistance.

 

Administrative Removal

Under s10 of the Immigration and Asylum Act 1999, a person may be removed from the UK under the authority of the Secretary of the Home Department (SSHD) or an immigration officer if the person requires leave to enter or remain in the UK but does not have it. This means that the following people may be administratively removed:

  • Anyone who has failed to observe the conditions attached to hid leave;
  • Overstayers;
  • Anyone who has obtained leave to remain by deception, or who sought to obtain such leave by deception;
  • The family members (partner or child) of such people.

An illegal entrant is a person who unlawfully enters or seeks to enter in breach of a deportation order or the Immigration Rules. This includes a person who has so entered including a person who has entered clandestinely. Such person is subject of admirative removal.

Contact Team MT UK (Immigration and Human Rights) – Department for that expert advice and representation.