Asylum, Immigration & Human Rights
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ASYLUM & REFUGEES
Deportation And Administrative Removal
Deportation
Deportation is a serious punitive immigration measure under S5 of the Immigration Act 1971, 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. Team 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 administrative removal.
Contact Team MT UK (Immigration and Human Rights Department) for that expert advice and representation.
Services Provided
- Receiving your instructions and analysing the same.
- Advising on law, procedure and evidence – all legal requirement under the immigration rules, human rights articles (in particular articles 2, 3, 5, 6 & 8) and the relevant case law.
- Advising on appeal rights in terms of Section 3(5)(b) & 6 of the Immigration Act 1971, Section 32 of the UK Borders Act 2007 and under the Immigration Rules paragraphs A398, 398, 399A, 399B, 399D and 400.
- Preparing, filing and serving the prescribed appeal form with grounds
- Preparing and forwarding a brief to Counsel to represent at the hearing.
- Advising on the outcome of the appeal including any further steps to be taken.
Timescales
i. Representation/Appeal submission on Deportation
Representation/Appeal from instructions received, on average, is likely to take up to around 24 weeks depending on the complexity of the case. MT UK will indicate at the earliest opportunity if the matter is likely to take longer than the above period.
ii. Application Decision
MT UK cannot predict the outcome of your Representation/Appeal.
Pricing
Category of Costs: Agreed/Fixed Costs
Costs: Average from £2,500.00
(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).
On average, this type of work takes 15 hours plus to complete. The precise number of hours depend on the complexity of the case.
Costs quoted do not include:
- Other expenses commonly known as disbursements for expert evidence/medical reports/Independent Social Worker Reports/Anthropologist Report etc. No additional expense shall be incurred unless approved. Costs on average from £2,000.00.
- Any Home Office/ECO fees for making the application; this can be paid directly to the Home Office as part of the application process. For updated application fees visit the Home Office link – https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-6-april-2022
(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).
Who will carry out the work:
- Solicitor/Director assisted by a Paralegal
- All work supervised by the concerned Director
Team MT UK (Immigration and Human Rights Department)
Shireen Tramboo
SOLICITOR/DIRECTOR
A. Majid Tramboo
PRINCIPAL SOLICITOR/DIRECTOR
Get In Touch
Reach out to us today and let’s discuss how MT UK Solicitors can assist you with your legal needs.
