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Deportation

Deportation

Deportation is one of the most distressing immigration challenges individuals and families can face. Being forcibly removed from the United Kingdom can disrupt lives, separate families, and lead to significant personal and professional setbacks. 

At HPA Solicitors UK, we specialize in providing expert legal advice and representation to help clients navigate the complexities of deportation cases. Our dedicated team works tirelessly to protect your rights and secure the best possible outcome.

What is Deportation?

Deportation refers to the removal of an individual from the UK by the Home Office, typically due to:

  • Criminal Convictions: Individuals sentenced to 12 months or more in prison may face deportation.
  • Breach of Immigration Rules: This includes overstaying visas, working without authorization, or entering the UK illegally.
  • Public Interest Reasons: The Home Office may decide deportation is necessary for the public good, often citing security or safety concerns.
 

Legal Framework for Deportation in the UK

The UK’s deportation process is governed by several laws and regulations, including:

  • Immigration Act 1971: Provides the legal foundation for deportation orders.
  • UK Borders Act 2007: Mandates automatic deportation for certain criminal offenses unless exceptions apply.
  • Human Rights Act 1998: Protects individuals from deportation if it breaches their fundamental rights under the European Convention on Human Rights (ECHR), such as the right to family life (Article 8) or protection from inhumane treatment (Article 3).

Challenging Deportation Orders

If you or a loved one is facing deportation, it’s crucial to act quickly. HPA Solicitors UK offers robust legal support to challenge deportation orders through various avenues, including:

1. Appeals

You may be able to appeal a deportation order based on:

  • Human rights violations, such as the right to family or private life.
  • Errors in the deportation decision by the Home Office.
  • Evidence of rehabilitation or contributions to society that justify remaining in the UK.

2. Judicial Review

If an appeal is not available, we can seek a judicial review of the deportation decision. This process examines whether the decision was lawful, fair, and reasonable.

3. Exceptional Circumstances

We assist in presenting compelling evidence of exceptional circumstances, such as:

  • Risk of harm in the destination country.
  • Dependence of children or family members on the individual facing deportation.
  • Serious medical conditions requiring treatment are unavailable abroad.

Common Defenses Against Deportation

HPA Solicitors UK employs a range of defenses to protect clients from deportation, including:

  • Family Ties: Demonstrating that deportation would disproportionately impact dependent children, spouses, or other family members in the UK.
  • Humanitarian Concerns: Arguing that deportation would subject the individual to persecution, torture, or inhumane treatment in their home country.
  • Rehabilitation: Proving that the individual has reformed, poses no threat to public safety, and contributes positively to UK society.

 

Who Can Face Deportation?

Deportation can affect:

  • Non-British Citizens: Including those with temporary visas, indefinite leave to remain, or no legal status in the UK.
  • EU Nationals: Following Brexit, EU citizens can be deported under the same rules as non-EU nationals.
  • Family Members: In some cases, dependents of the individual may also face removal.

 

If you or someone you know is facing deportation, don’t wait until it’s too late. HPA Solicitors UK is here to provide expert legal guidance and representation to protect your rights and secure your future in the UK. Contact us today for a confidential consultation and let our experienced team fight for you.

 

 
 
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