Deportation

Deportation is the process by which a non-British citizen can be removed from the UK and prevented from lawfully returning.

A deportation order has a number of effects:

  1. it requires the subject to leave the UK
  2. it authorises their detention until removal
  3. it automatically invalidates any leave to enter or remain—either given before the deportation ordermmade or while it remains in force
  4. It prohibits the subject from re-entering the UK unless, and until, it is revoked

A deportation order may be made by the Home Office, in the following circumstances:

  1. where the SSHD deems it to be ‘conducive to the public good’
  2. where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment
  3. where the person is the spouse, civil partner or child under 18 years, of a person ordered to be deported
The UK Borders Act 2007 introduced a statutory presumption that the deportation of a ‘foreign criminal’ is, by definition, conducive to the public good.

In such cases, the SSHD must make a deportation order unless one of the specific statutory exceptions applies. Even then, the Home Office may still decide that deportation is conducive to the public good for certain classes of people and proceed to make a deportation order.
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