Deportation From The United Kingdom

Under the current British rules, the issuance of a deportation order would have the effect of requiring the individual named in the order to leave the country. Pending such departure, the order would also require that the named person be detained with lawful authority, meaning incarceration in jail.

Another effect of the deportation order would prohibiting the re-entry of the individual into the United Kingdom until such time the order is in force and invalidates any order to enter or remain in the country before such deportation order is made or executed to its full intent and extent.

The following are the circumstances when the person is liable for deportation:

1.when the Secretary of State determines the individual's deportation would be to preserve the public good;

2.when the individual is the spouse or civil partner or child under eighteen years of age is ordered to be deported;

3.when the court recommends deportation in the case of an individual over the age of seventeen has been convicted of an offense punishable with prison time;

Each case of deportation would be reviewed on its merits but the presumption would be that the public interest warrants the exercise of such action. The Secretary of State would consider all the relevant factors in considering whether the presumption outweighs any particular case. Only in exceptional circumstances would this presumption be outweighed, such as contravention of the Human Rights Convention and the Convention and Protocol relating to the Status of Refugees. The aim always in deportation cases would be consistency and fair appraisal as to factual circumstances for an individual. Deportation would be merited when there is a failure comply or contravention of a condition or remaining without authority in the United Kingdom.

Current immigration law gives the Secretary of State authority to issue deportation orders against the spouse, civil partner or child of a person that another deportation order has been issued against. The following are the conditions where such power is not to be exercised:

1.The spouse or civil partner of the individual is qualified for settlement in his own right;

2.The spouse or civil partner individual has been living apart from the deportee;

3.The child of the deportee would not be deported when the child and a parent lives apart from the deportee;

4.The child of the deportee has left home and is established an independent life;

5.The child of the deportee has married or formed a civil partnership before the deportation order was issued;