A foreign national who has been served with a Deportation Order can challenge the Deportation Order.
An individual will automatically be deported from the UK under section 32 of UK Border Act 2007, the Secretary of State must make a Deportation Order
against the Non-British Criminal who is convicted in the United Kingdom and imprisoned for 12 months or more.
Exemptions to Automatic Deportation:
1) Where a person raises a claim for Asylum under Human Rights Act 1988
2) Where a person is under the age of 18 on the date of conviction
3) Where a person is a EEA citizen or the immediate family of an EEA citizen
4) Where a person have mental health problems or a person is recognized victim of Trafficking.
A person who has been served with a notice of intention to deport can appeal against such notice within 5 working days from the date of receipt.
Application for revocation of Deportation Order under Paragraph 399 or 399 A of the Immigration Rules the secretary of state or the Entry Clearance Office
have to consider paragraph 399 or 399 A.
It will only be in exceptional circumstances that the person interest in maintaining the Deportation Order will out weight the other factors.
Recent case law:
“R V Secretary of State”