Detention, Removal & Deportation challenges
Here we explain how we can look after your detention, removal and deportation challenges. There is an important legal distinction between removal and deportation. A Removal Decision may be made, for example, in respect of an overstayer or a migrant who is found to be otherwise in breach of immigration conditions. Such a person may be administratively removed from the UK and they may – or may not – be banned from returning to the UK for a specific period; it depends on the facts of the case.
Deportation is something much more serious. Somebody who has been served with a Deportation Order will be somebody who has served a prison sentence or who is considered a significant danger to the UK because of involvement with terrorism or similar. Unlike a Removal Decision, a Deportation Order remains in place until it is lifted.
If you are served with a Removal Decision or Deportation Order you may have an in-country right of appeal.
Appealing against a Removal Decision or Deportation Order
Such a decision may be appealed against typically on human rights grounds. It could be, for example, that you say that you would be harmed or persecuted if you were returned to where the Home Office intends to return you to. Or it might be that you have close family in the UK and you say that it would breach your and your family’s Article 8 family life rights if you had to leave the UK.
Your right of appeal would lie before the First-Tier Immigration Tribunal. The Home Office might certify your case as “clearly unfounded”. This would prevent you having an in-country right of appeal. However, you might be able to challenge the certificate by way of Judicial Review and, if this is successful, you would have an in-country right of appeal.
Immigration bail applications
It is our job to establish under what section your child’s registration application falls, so that we can advise you on the correct documentation you need to prepare to support the application. We will provide a Person and Country Specific Document Checklist so that you can gather the required documents according to your circumstances so that you have the best chance of success for your registration application.
The Home Office sometimes detains migrants who are overstayers or otherwise in breach of immigration conditions. They can only detain somebody if it is with a view to removal or deportation from the UK.
It is possible for a migrant to apply for immigration bail. If the application is successful they will be released from detention, on the understanding that they will adhere to bail conditions.
You can apply for immigration bail either to the Home Office or the First-Tier Immigration Tribunal. If you apply to the Home Office it will an entirely paper process but if you appeal to the First-Tier Tribunal there will be hearing in front of an Immigration Judge.
Requirements for an immigration bail application
It is very helpful for your application if you have a surety or sureties. A surety is a person who pledges money and says that if you are granted bail and if you breach any bail conditions they are prepared to lose the money. It is also very helpful for your application if there is somebody who is prepared to offer you a place to stay if the bail application is successful.
What we can do for a successful application
If you are applying to the Home Office for immigration bail we will help you prepare and submit the application.
If you are applying to the First-Tier Tribunal and you have a surety or sureties they should appear at the hearing to support your application. We will organise the hearing and the evidence for you and represent you before the Immigration Judge through an experienced in-house advocate.
We will continue to make ourselves available during and after the submission of your challenge until a decision is made.
We will work hard to advise you so that you have the best chance of success.
Why not give us a call and discover that we are the best Immigration lawyers in London to handle your challenge. We work with clients from all over the world, so if you are not in London, do not worry, we can assist you wherever you are in the world. We have helped clients with Detention, Removal & Deportation orders challenges successfully.
Please contact us on firstname.lastname@example.org or call us for an initial chat and discover we are the right firm for your immigration matter and speak to an experienced Immigration Lawyer/ Adviser to bring your matter to a successful conclusion.