I wonder how many laws were broken with the current deportations.
Deportation after a criminal sentence
If a deportation order has been made against you, you will be issued with notice of deportation arrangements, and this should be in keeping with the removal notice periods above.
To prevent your deportation, you need to prove that it would breach your rights under the Refugee Convention or the Human Rights Convention.
The immigration rules are now weighted very much in favour of deporting a person after a criminal sentence.
The rules state that if you were sentenced for more than 12 months, your deportation is “conducive to the public good and in the public interest”. The rules also say that your deportation is “conducive to the public good and in the public interest” if your offending “caused serious harm” as determined by the Home Office, or you are a “persistent offender who shows a particular disregard for the law”, irrespective of how long you were sentenced for.
If you are liable to deportation, your spouse or civil partner and/or your child are also liable to be deported unless they have Indefinite Leave to Remain in the UK in their own right, or are British, or have been living apart from you.
If you were sentenced to more than four years, the Home Office guidance says you will need to have “very compelling circumstances” in order for a deportation order not to be made or to be revoked. Remember, however, that a court may have a different interpretation of what counts as those circumstances than the Home Office.
If you have been sentenced for less than four years but more than 12 months, or your offending is deemed to fall into the “causing serious harm” category described above, the immigration rules say that deportation would be proportionate except if deportation would be in breach of your Article 8 rights to family and private life, AND:
(1) you have a child under the age of 18 in the UK,
you have a “genuine and subsisting parental relationship” with your child
your child is a British citizen or has lived in the UK for at least seven years immediately prior to the decision to deport you
it would be “unduly harsh” for your child to live in the country to which you will be deported, and
it would be “unduly harsh” for your child to remain in the UK without you.
OR
(2) you have a “genuine and subsisting relationship” with a partner who is in the UK and has British citizen or Indefinite Leave to Remain, and
the relationship was formed at a time when you were in the UK lawfully and your immigration status was “not precarious”; and
it would be unduly harsh for your partner to live in the country to which you are being deported, because of compelling circumstances over and above very significant difficulties which would be faced by you and your partner in continuing your family life together outside the UK and which could not be overcome or would entail very serious hardship for you and your partner; and
it would be unduly harsh for your partner to remain in the UK without you.
You also need to show that you have been lawfully resident in the UK for most of your life; and you are “socially and culturally integrated in the UK”; and there would be “very significant obstacles” to integration into the country to which you are being deported.
