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Human Rights
and Removal

Human Rights and Removal

Deportation, removal and human rights cases are highly complex.

Our specialist Immigration team has extensive experience in dealing with complex human rights cases, appeals, deportation, removal and judicial review proceedings – and we can provide expert advice on how to challenge Home Office proposals and actions.

Human rights relating to immigration

If you or a member of your family has had a visa application refused, or is present in the UK unlawfully and may therefore face removal, you’ll need specialist immigration support to achieve the best outcome.

Our Immigration team can advise on your rights to remain within the UK, and how you might challenge the steps being taken by the Home Office to remove you. We’ll explain your options clearly, including whether your circumstances justify an application or an appeal under the European Convention on Human Rights (ECHR). This may well be the case if you have British family members present in the UK, have broken all ties with your home country and/or you have already been living here for 20 years or more.

Our team has extensive experience in immigration appeals before the First Tier Tribunal and Upper Tribunal. We’re well placed to submit an appeal on your behalf and represent you throughout the appeals process, which can be extremely difficult to navigate without expert help.

Dealing with deportation

Deportation matters are incredibly complex, and often life-changing. If you’ve received a deportation order, or a notice of intention to deport, you should seek specialist legal advice from an experienced immigration lawyer as soon as possible. For foreign nationals, a custodial sentence of more than 12 months can trigger an automatic deportation process.

A deportation order requires the recipient to leave the UK, and automatically invalidates any leave to enter or remain in the UK granted before the deportation order, or while it remains in force. It also prohibits the recipient from re-entering the UK unless – and until – it is revoked. Where a person is liable to deportation, the presumption is that the public interest requires it. However, a deportation order cannot be issued if the person’s deportation would be contrary to the UK’s obligations under the Refugee Convention or the ECHR. It’s therefore important to identify and put forward at the earliest possible stage all possible reasons to rebut the presumption that the public interest requires deportation.

Professional legal expertise is paramount when challenging deportation

Our team has experience in successfully overturning deportation orders where a person’s deportation would lead to a breach of their human rights or put them in grave danger.

Administrative removal

You can become liable to administrative removal from the UK if you require permission to enter or remain in the UK, but do not have it. This can apply to:

  • overstayers
  • illegal entrants, and those refused leave to enter
  • those whose leave has been curtailed, cancelled or revoked
  • family members of the above-mentioned.

Individuals cannot be removed from the UK while they have a pending immigration application, appeal or administrative review. It’s therefore important to seek specialist legal advice as soon as possible.

To find out more about our immigration services, please contact our Immigration team. To learn more about our fees for our immigration services please click here.

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