Deportation and Certifying Human Rights
If you have exhausted all visa options to remain in the UK and the Home Office has issued a Deportation Order, it is possible to appeal this decision.
The Immigration Tribunal will schedule a hearing. However, the Home Office Enforcement Team will first determine whether you can remain in the UK or not during the appeal process, based on their “deport first, appeal later” rule.
The Immigration Act 2016 expanded Home Office powers to prevent an appeal taking place until an appellant has left the UK, unless this has been certified by the Home Office (except Asylum claims). This includes appeals for EU nationals facing deportation.
It can take up to 12 months for an appeal to be listed at the relevant Tribunal. The Home Office must first certify your Human rights claim and agree there is a risk of “serious and irreversible” harm if you are required to leave the UK.
If your Human Rights claim is not certified, an appeal against a deportation order cannot continue until you have left the UK. The appeal is then scheduled and heard in your absence.
UK VISA APPEAL has experience of dealing with the Immigration Tribunal and Home Office, submitting appeals against Deportation Orders and liaising with Home Office Enforcement Teams in the certification process.
If you have been served with a Deportation Order, please contact us immediately. We can assess what options are available to appeal this decision.
Detention and Bail
If you are detained at an Immigration Detention Centre with a threat of removal from the UK, it is possible to apply for Bail, to be released.
VISA APPEAL has experience in dealing with Enforcement Team and relevant Immigration Tribunal to discuss what options are available to you. We can submit an appeal against your detention, to request you are released on bail. Alternatively, you may be eligible to file an application for permission to stay in the UK, which could trigger your release. We need to assess your specific circumstances.