26th August 2014
Can I appeal a deportation decision?
A deportation decision always has a right of appeal to an independent tribunal.
This used to be an in country right of appeal, but since 28 July 2014, the Home Office has through legislation introduced very severe restrictions on when the right to appeal can still be exercised in country.
The legalisation is at present very new, untested in courts and due to its complexity, yet to be clarified in a lot of ways.
In short, the legislation gives the Home Office the ability to certify a deport right of appeal if conducive to the public good or recommended by court. This certification can be made prior to start of the appeal process or before it has been exhausted. The appeal can then be brought or continued from abroad and if successful, then the appellant will be allowed to re-enter the UK.
The test for certification is whether the removal back to the county of origin to exercise the appeal, would cause serious and irreversible harm. The Home Office suggest a very strict and narrow approach to what constitute serious and irreversible harm.
The only redress against certification and to gain an in country right of appeal, would be to bring a judicial review of the decision to certify.
EEA nationals have not escaped the restrictions, by way of an implementation on 28 July 2014 of very similar provisions through amendments of the EEA Regulations 2006. In EEA cases however, the appellant has a right under the Directive to apply for re-entry to attend the hearing and to give evidence or make submissions after which he/she will have return again at own cost until a decision has been made.
If you suspect you will face deportation in future or have indeed been served with any such decision, it may be worth getting legal advice as soon as possible to avoid being removed without any help and possibly instruct a representative that can act on your behalf at a future hearing in the UK. Please contact our Immigration Lawyers who will be able to assist you. You can contact us by telephoning 0845 894 1622 or by emailing us on email@example.com.