Deportation Proceedings

HJT aims to give a professional service to support our clients in their casework, and for that reason, we now intend, from time to time, to put up pages that link to important sources of information via various themes. Colin has recently put one up on the topic of Points Based System case law. This blog addresses all aspects of deportation: statutory materials, the immigration rules, and the important case law. And it links to the course that HJT offers from time to time regarding practical representation in deportation proceedings.

Section 1: Statutory Materials

(note it is our policy to link to the most up-to-date version of the statute we can find in the public domain: readers may well find a more contemporary version via Butterworths LexisNexis or EIN)  Automatic deportation proceedings (UK Borders Act).

Immigration Act 1971

Power to deport

Procedure for deportation

Court recommendations for deportation

Exemptions from deportation

Section 2: Immigration rules

Immigration Rules on Deportation

Section 3: Key Cases

EO Turkey (on the distinction between pre 20 July 2006 and later cases; relationship between human rights grounds and immigration rule ones;

HH Iraq (on the inability until January 2008 of the Home Office to initiate enforcement action ie decisions to deport to nationals from active war zones). 

And HH Iraq in the Court of Appeal

VB Lithuania (deports of EEA nationals)

CW Jamaica (a case where deportation proceedings are initiated after a less serious offence has been committed than a more serious one earlier in the migrant’s stay in the UK).

JO Uganda and KB (Trinidad and Tobago) (on the public interest in deportation).

Kluxen (the modern test for court recommended deportation).

HK Turkey (the sentence is the primary measure of seriousness of offending; when deportation is more akin to exile, given the migrant has long been assimilated here).

AR Pakistan (child’s interests important but not paramount).

KM/WL (detention of foreign national prisoners) though watch out for developments in SK in the Supreme Court.

SL Vietnam (the need to take account of errors in the Home Office administration of immigration control in the case of a youngster).

Muuse (no citizen of the European Economic Area would be removed under those provisions unless the prison sentence imposed was two years or more).

MJ Angola (for a settled migrant who has lawfully spent all or the major part of his or her childhood and youth in the host country, very serious reasons are required to justify expulsion).

AT Pakistan (entry into effect of automatic deportation provisions).

Uner v The Netherlands (Strasbourg Court summarising critical issues in deportation proceedings involving the right to family life).

Section 4: Raising your Game with a HJT Course

Only the most experienced will be able to keep abreast of the various links shown here: get tips on maximising use of these resources from the professionals.