Save Kou Saito from deportation

362. A deportation order requires the subject to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force.

363. The circumstances in which a person is liable to deportation include:

(i) where the Secretary of State deems the person's deportation to be conducive to the public good;

(ii) where the person is the spouse or civil partner or child under 18 of a person ordered to be deported; and

(iii) 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.

363A. Prior to 2 October 2000, a person would have been liable to deportation in certain circumstances in which he is now liable to administrative removal. These circumstances are listed in paragraph 394B below. However, such a person remains liable to deportation, rather than administrative removal where:

(i) a decision to make a deportation order against him was taken before 2 October 2000; or

(ii) the person has made a valid application under the Immigration (Regularisation Period for Overstayers) Regulations 2000.

364. Subject to paragraph 380, while each case will be considered on its merits, where a person is liable to deportation the presumption shall be that the public interest requires deportation. The Secretary of State will consider all relevant factors in considering whether the presumption is outweighed in any particular case, although it will only be in exceptional circumstances that the public interest in deportation will be outweighed in a case where it would not be contrary to the Human Rights Convention and the Convention and Protocol relating to the Status of Refugees to deport. The aim is an exercise of the power of deportation which is consistent and fair as between one person and another, although one case will rarely be identical with another in all material respects. In the cases detailed in paragraph 363A deportation will normally be the proper course where a person has failed to comply with or has contravened a condition or has remained without authority.

364A. Paragraph 364 does not apply where the Secretary of State must make a deportation order in respect of a foreign criminal under section 32(5) of the UK Borders Act 2007.

Deportation of family members

365. Section 5 of the Immigration Act 1971 gives the Secretary of State power in certain circumstances to make a deportation order against the spouse, civil partner or child of a person against whom a deportation order has been made. The Secretary of State will not normally decide to deport the spouse or civil partner of a deportee where:

(i) he has qualified for settlement in his own right; or

(ii) he has been living apart from the deportee.

366. The Secretary of State will not normally decide to deport the child of a deportee where:

(i) he and his mother or father are living apart from the deportee; or

(ii) he has left home and established himself on an independent basis; or

(iii) he married or formed a civil partnership before deportation came into prospect.

367. In considering whether to require a spouse or child to leave with the deportee the Secretary of State will take account of all relevant factors, including, as well as the following:

(i) the ability of the spouse or civil partner to maintain himself and any children in the United Kingdom, or to be maintained by relatives or friends without charge to public funds, not merely for a short period but for the foreseeable future; and

(ii) in the case of a child of school age, the effect of removal on his education; and

(iii) the practicality of any plans for a child's care and maintenance in this country if one or both of his parents were deported; and

(iv) any representations made on behalf of the spouse or child.

368. Where the Secretary of State decides that it would be appropriate to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed.

Right of appeal against destination

369. DELETED

Restricted right of appeal against deportation in cases of breach of limited leave

370. DELETED

Exemption to the restricted right of appeal

371. DELETED

372. DELETED

A deportation order made on the recommendation of a Court

373. DELETED

Where deportation is deemed to be conducive to the public good

374. DELETED

375. DELETED

Hearing of appeals

376. DELETED

377. DELETED

378. A deportation order may not be made while it is still open to the person to appeal against the Secretary of State's decision, or while an appeal is pending except where the Secretary of State is required to make the deportation order in respect of a foreign criminal under section 32(5) of the UK Borders Act 2007. There is no appeal within the immigration appeal system against the making of a deportation order on the recommendation of a court; but there is a right of appeal to a higher court against the recommendation itself. A deportation order may not be made while it is still open to the person to appeal against the relevant conviction, sentence or recommendation, or while such an appeal is pending.

Persons who have claimed asylum

379. DELETED

379A. DELETED

380. A deportation order will not be made against any person if his removal in pursuance of the order would be contrary to the United Kingdom's obligations under the Convention and Protocol relating to the Status of Refugees or the Human Rights Convention.

Procedure

381. When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal.

382. Following the issue of such a notice the Secretary of State may authorise detention or make an order restricting a person as to residence, employment or occupation and requiring him to report to the police, pending the making of a deportation order.

383. DELETED

384. If a notice of appeal is given within the period allowed, a summary of the facts of the case on the basis of which the decision was taken will be sent to the appropriate appellate authorities, who will notify the appellant of the arrangements for the appeal to be heard.

Arrangements for removal

385. A person against whom a deportation order has been made will normally be removed from the United Kingdom. The power is to be exercised so as to secure the person's return to the country of which he is a national, or which has most recently provided him with a travel document, unless he can show that another country will receive him. In considering any departure from the normal arrangements, regard will be had to the public interest generally, and to any additional expense that may fall on public funds.

386. The person will not be removed as the subject of a deportation order while an appeal may be brought against the removal directions or such an appeal is pending.

Supervised departure

387. DELETED

Returned deportees

388. Where a person returns to this country when a deportation order is in force against him, he may be deported under the original order. The Secretary of State will consider every such case in the light of all the relevant circumstances before deciding whether to enforce the order.

Returned family members

389. Persons deported in the circumstances set out in paragraphs 365-368 above (deportation of family members) may be able to seek re-admission to the United Kingdom under the Immigration Rules where:

(i) a child reaches 18 (when he ceases to be subject to the deportation order); or

(ii) in the case of a spouse or civil partner, the marriage or civil partnership comes to an end.

Revocation of deportation order

390. An application for revocation of a deportation order will be considered in the light of all the circumstances including the following:

(i) the grounds on which the order was made;

(ii) any representations made in support of revocation;

(iii) the interests of the community, including the maintenance of an effective immigration control;

(iv) the interests of the applicant, including any compassionate circumstances.

391. In the case of an applicant who has been deported following conviction for a criminal offence continued exclusion

(i) in the case of a conviction which is capable of being spent under the Rehabilitation of Offenders Act 1974, unless the conviction is spent within the meaning of that Act or, if the conviction is spent in less than 10 years, 10 years have elapsed since the making of the deportation order; or

(ii) in the case of a conviction not capable of being spent under that Act, at any time, unless refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees.

will normally be the proper course. In other cases revocation of the order will not normally be authorised unless the situation has been materially altered, either by a change of circumstances since the order was made, or by fresh information coming to light which was not before, or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also in itself amount to such a change of circumstances as to warrant revocation of the order.

392. Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.

Rights of appeal in relation to a decision not to revoke a deportation order

393. DELETED

394. DELETED

395. There may be a right of appeal against refusal to revoke a deportation order. Where an appeal does lie the right of appeal will be notified at the same time as the decision to refuse to revoke the order.