Overview of the UK Appeal Against Deportation
A deportation decision can have serious consequences for a person’s ability to remain in the UK and maintain their family or private life here.
Where a person has a right of appeal, the decision can be challenged before the First-tier Tribunal (Immigration and Asylum Chamber). Deportation appeals can involve immigration law, human rights, protection claims and the circumstances surrounding the individual’s criminal conviction.
At SWM Solicitors, we provide deportation appeal advice and representation to individuals challenging deportation decisions.
Can You Appeal a Deportation Decision?
Certain deportation decisions carry a right of appeal.
The First-tier Tribunal can hear eligible appeals against deportation decisions.
The decision notice should explain whether an appeal is available and the deadline for bringing it.
Grounds of Appeal
The grounds available will depend on the circumstances.
A deportation appeal may involve arguments concerning:
- Human rights
- Family life
- Private life
- Children
- Protection from persecution or serious harm
- The applicable deportation exceptions
- The proportionality of deportation
- Other relevant legal considerations
The relevant grounds should be identified carefully rather than relying on general disagreement with the deportation decision.
Family Life and Article 8
Article 8 of the European Convention on Human Rights can be particularly important in deportation cases.
The tribunal may need to consider the person’s family and private life and the effect deportation would have on relevant family members.
This can involve:
- A spouse or partner
- Children
- Parents
- Other family relationships
- Length of residence in the UK
- Strength of family relationships
- Circumstances in the country of return
The relevant legal tests depend on the individual’s circumstances and immigration history.
Children
Where a deportation appeal involves children, their circumstances can be particularly important.
Evidence may address:
- The child’s age
- Relationship with the parent
- The child’s residence in the UK
- Education
- Health
- Care arrangements
- Emotional and practical dependency
- The likely consequences of separation
The best interests of affected children are an important consideration, although they are considered within the wider legal framework.
Protection Claims
A person facing deportation may also raise a protection claim where they fear persecution or serious harm if returned to their country.
Where protection and human rights issues are both relevant, the case should address the applicable legal tests separately.
Evidence for a Deportation Appeal
Evidence can be central to a deportation appeal.
Depending on the circumstances, this may include:
- Criminal conviction and sentencing documents
- Immigration history
- Evidence of rehabilitation
- Family evidence
- Children’s documents
- Medical evidence
- Employment records
- Community evidence
- Evidence of private life
- Country information
- Witness statements
The evidence should address the legal issues raised by the deportation decision.
Deportation and Criminal Convictions
A person’s criminal history can be an important part of a deportation case.
The nature of the offence, sentence, previous convictions, rehabilitation and personal circumstances may all need to be considered.
The legal consequences can differ depending on the sentence and the circumstances of the case.
The Deportation Appeal Process
A deportation appeal generally involves submitting grounds of appeal and supporting evidence to the tribunal.
The tribunal may decide the case on the papers or list an oral hearing.
At a hearing, the appellant may be required to give evidence and may be questioned about their circumstances.
Appellants can request an oral hearing when submitting an immigration appeal, allowing them to present their case before the Tribunal in person or remotely, where appropriate.
If the Deportation Appeal Is Dismissed
If the First-tier Tribunal dismisses the appeal, it may be possible to seek permission to appeal to the Upper Tribunal where there may have been a material error of law.
The Upper Tribunal does not simply reconsider the case because the appellant disagrees with the outcome. The proposed challenge needs to identify an arguable legal error.
How We Can Help
SWM Solicitors can assist with deportation appeals involving:
- Human rights
- Article 8 family life
- Private life
- Children
- Protection claims
- Criminal and immigration history
- Evidence of rehabilitation
- Tribunal appeals
- Upper Tribunal challenges
We can review the deportation decision, assess the available grounds and help prepare the evidence and legal arguments required for your appeal.