What is deportation? What is the rationale behind it?

What is a deportation order?

It is the process of enforced departure from the UK as a result of an order signed by the Home Secretary. The order also prevents the person being deported from returning to the UK until the order is revoked. The other types of departure from the UK include removal, supervised departure and voluntary departure. These all affect the ability of the individual to return to the UK A deportation order, on the other hand, has continuing legal force after the departure date which removal, supervised and voluntary departure do not.

What are the effects of a deportation order?

The immigration rules, at paragraph 362, set out the effects of a deportation order which:

  • requires the subject of the order to leave the UK

  • authorizes the detention of the subject of the order until they leave the UK (although this is subject to a common law restraint on the length of the detention)

  • prohibits the re-entry of the subject of the order for as long as the order is in force

  • invalidates any leave to enter or remain granted to the person either before the order was signed or while it was in force

  • makes an individual who enters whilst an order in their name is still in force, an illegal entrant (under section 33A of the Immigration Act 1971).

What does the deportation process consist of and can a deportation order be appealed against?

The first formal step in the whole process consists of the serving of a notice of decision to deport (one type of a Notice of Immigration Decision) on the person in question. In this notice it contains the reasons for the decision to deport and the country to which the Home Office propose to deport the person. It also contains the individual’s appeal rights.

A person can lodge an appeal against the notice of decision to deport because it is a Notice of Immigration Decision and therefore Immigration Judge’s at the Immigration & Asylum Chamber have jurisdiction.

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For more information on:

  • What are the grounds for deportation?
  • Who may be deported?
  • How can a deportation order be revoked?
  • What is the rationale for deportation?