The Home Secretary has two main powers to deport Non-British Citizens from the UK and they are:
i) Automatic Deportation-under section 32 of the UK Borders Act 2007; and
ii) Deportation Powers encompassed in s. 3 (5) and (6) of the Immigration Act 1971.
The UK Borders Act 2007
On 1 August 2008, the UK Borders Act 2007 came into force. This created an additional provision for ‘automatic’ deportation from the UK.
In practice this means that section 32 of the UK Borders Act 2007 compels the Secretary of State to believe that a person’s deportation is beneficial to the public good if:
They have been sentenced to a term of imprisonment of at least 12 months; or
They have been sentenced to any term of imprisonment if their offence is one specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal).Thus, if a person is sentenced to12 months or more in prison, or any period for a specified offence, their deportation is automatically considered conducive to the public good, under the 2007 Act; and they are therefore liable to deportation under the 1971 Act.Section 33 of the UK Borders Act 2007 sets out a number of exceptions to the automatic presumption that deportation is conducive to the public good.
Contact AAlex Law to see if you meet the exception and to discuss in more details if your case has a merit.
Removal from the UK
Alternatively, the UK Border Agency may seek to remove a person from the UK back to their country of origin.The UKBA often refuse passenger’s entry to the UK, or the UK Border Agency issue removal directions with very little notice. In certain cases the failure to grant entry or the intended removal from the UK will be unlawful. AAlex Law can assist you by making written submissions that if not accepted by the UK Border Agency can be challenged by way of Judicial Review, which is an action in the High Court to obtain an injunction. AAlex Law can also assist in cases where you have been issued a refusal decision by the UK Border Agency or the courts and need urgent advice and assistance in a very short time frame to comply with a deadline. Our 24 hours helpline is there to assist you in emergencies.
There are provisions under section 10 (1) of the Immigration and Asylum Act 1999 under which certain groups of people who are unlawfully in the UK may be exposed to Administrative Removal from the United Kingdom. These are persons who are not a British Citizensand may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if they have only a limited leave to enter or remain, they donot observe a condition attached to their leave or they remain beyond the time limited by the leave; or they have obtained leave to remain by deception; or they have been given directions (“the first directions”) for their removal, under this section 10 of the Immigration and Asylum Act 1999. The costs of removal from the United Kingdom under this section (so far as reasonably incurred) must be met by the Secretary of State. AAlex Law is your one stop solution for help and advice if you are subjected to Administrative Removal.
A commitment has been given by Ministers that detention will only be used as alast resort. The belief is to grant temporary release wherever possible but there will be circumstances when the Home Office would not consider temporary release proper. There are 4 types of Bail, namely bail by the Chief Immigration Officer which is within the first 8 days of detention. A Bail by the Secretary of State which is after the first 8 days, a Bail by the Immigration Judge and a Bail Police. AAlex Law is your one stop solution for all categories of Bail that you require.