Deportation and removal

There are two forms of removal: deportation and administrative. Administrative removal applies to those who had no leave to remain in, or enter, the UK or were illegal entrants. Deportation can apply to any non-British citizen who has some form of leave to enter or remain in the UK who have been recommended for deportation by a Court following a criminal conviction or who the Secretary of State considers should be excluded from the UK for ‘public good’. Generally speaking, a Deportation Order is now used for more serious cases and, while the Deportation Order is still in force, such person is prohibited from re-entering the UK.

Both deportation and administrative removal can be challenged by way of representation. A Deportation Order attracts a right of appeal. Administrative removal does not attract a right of appeal but can be challenged by way of judicial review.

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