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Deportation / Asylum - Human Rights

Deportation

The Secretary of State for the Home Department has the power to deport a non-British citizen from the UK and prevent him/her from returning unless the deportation order is revoked. It has an effect long after the removal. A deportation order continues in force until it is revoked. Deportation must be distinguished from other forms of compulsory removal which may only affect current applications and stay in the UK.

Removal

Migrants who have no leave to remain in the UK can be removed from the UK by a process known as 'administrative removal'. This is simply the removal of the person from the United Kingdom. Once outside the UK, the person can apply for re-entry under the Immigration Rules, although there may be issues regarding the trigger of a possible re-entry ban depending on the immigration history of the individual concerned. Administrative removal is distinct from deportation, in that a deportation order physically excludes the person from readmission to the UK for at least three years. However, an administrative removal is a direction and not an order to be removed and has no time period attached to the implementation of the removal.

Detention & Bail

The Secretary of State for the Home Department has the power to detain any person who is subject to immigration control. In the same manner the Secretary of State for the Home Department has the power to grant SoS bail to such persons.

The Immigration Tribunal has a power to grant bail. The individual may be released on bail subject to conditions. It is important to note that at the bail hearing the burden of proof in justifying detention lies, given the presumption in favour of bail, on the Secretary of State to the balance of probabilities. The immigration judge must give a reasoned decision in writing.

Asylum

Asylum is a protection given by a country to someone who is fleeing persecution in their own country. It is given under the 1951 United Nations Convention Relating to the Status of Refugees. To be recognised as a refugee, you must have left your country and be unable to go back because you have a well-founded fear of persecution.

Our legal experts are well experienced; we can help you in representing your asylum case to the Home Office. We can take your case from initial claim up to hearing in the tribunal if rejected. The process of Asylum could be very tiring and stressful, therefore we are here to take your stress away and fight for your rights.

It’s a complex and specialist area of law. Therefore we strongly advise you to seek our legal services.

Human Rights

The UK is one of the signatories of the European Convention on Human Rights. The UK is under obligation to safeguard the rights of people.

Article 8 – Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

The UK made changes to the Immigration legislation and a person can make an application for leave to remain based on his situation. The private life category of the Rules stipulates the following situations where a person can make an application;

  • has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
  • is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
  • is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
  • is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

How we will help you!

  • Discuss your case with you.
  • Advise you the best possible solutions.
  • Collect all the relevant documents together.
  • Prepare your Judicial Review application along with our submissions.
  • Submit your application to the relevant authority.
  • Communicate with the authority on your behalf until a decision is made.

Why us!

  • We deal with every case individually in detail.
  • We have a vast experience in immigration matters.
  • We give you expert and impartial advice.
  • We give you a dedicated lawyer.
  • We keep you updated about your case.
  • We fight for your right to the end.

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Head Office: Manchester
623 Stretford Road, Old Trafford, Manchester, M16 0QA

UK Immigration Solicitors is the brand name of SABZ Solicitors LLP. The firm is regulated by Solicitors Regulation Authority. SRA number 566543. Full list of Solicitors is available upon request.