Our specialist immigration lawyers are highly experienced and can assist with emergency injunctions to stop deportation and removal from the UK.
An individual who is being removed from the UK can seek an emergency injunction from the Upper Tribunal to stop the removal if it can be shown that such removal from the UK is unlawful. In cases, where someone is being removed outside court working hours, an injunction can be sought from the Duty Judge of the Upper Tribunal. When a person who has already entered the UK, is ordered to leave by the Home Office, the UK Border Agency must follow strict a timetable to ensure that all their legal requirements are fulfilled. If you are facing an impending removal or deportation it can be a very worrying and stressful time. Our experienced team are here to help and to clearly explain the process and options available to you.
What is an Emergency Injunction?
Emergency Injunctions are legally binding court orders where the process of removal or deportation started by the UK Border Agency is stopped. Typically, the stopping of the removal process is until a full immigration review of that person’s case is completed.
The granting of an immigration injunction does not grant citizenship or give any indication of how positive the immigration review will be.
What the immigration injunction does is allow a person the time to properly prepare and present their case for the immigration review or mount an immigration appeal. What is vital at this stage is that you get seek urgent legal advice to make sure that your case has the best possible chance of success.
Removal Orders
Removals, often called ‘administrative removals’, is carried out by the Home Office and is the act of removing those from the UK that have no right to remain in the UK due to:
- Their leave to remain expiring
- Their application for leave to remain has been refused
- Breaching their immigration conditions
- Overstaying
- Being a family member of a person being removed
Like deportation, both EEA and non-EEA nationals can be liable for administrative removal.
Deportation
Deportation is the act of removing an individual “for the public good” and is usually applicable to foreign nationals that have been remanded in custody for a criminal offence or have been convicted of a criminal offence and sentenced to a prison term of over 12 months. At the end of the criminal sentence, the Home Office requests for a deportation hearing from the Crown Prosecution Service (CPS). Both EEA and non-EEA nationals can be deported following a criminal offence.
Challenging Deportation and Removal orders
There is no automatic right of appeal to challenge a deportation order however, under certain circumstances a person may have the right to appeal to have the deportation order revoked, such as under a human rights claim. The Home Office must notify those liable for removal and cannot remove the individual during the notice period. During the notice period, a challenge of the removal order may be made, and the deportee can make a judicial review application which includes an injunction to stop the deportation order. It is the best option for those facing imminent deportation.
How We Can Help
Regarding your application for an emergency injunction, we can assist with the
following:
following:
- Our immigration solicitors will review your case and advise on the merits,
the relevant immigration law - If necessary, we will liaise out of hours with the Duty Judge of the Upper Tribunal for an injunction against the removal.
- Our immigration solicitors will keep you informed about the progress of your immigration matter
- Our immigration solicitors will do all the follow-up work until a decision is reached on our request for an emergency injunction
- Our immigration solicitors will advise you about the implications of the decision by the Upper Tribunal.
Why Choose Us?
Our specialist immigration solicitors will be by your side throughout the process. They will discuss your circumstances and present you with options on how to proceed. Our solicitors have many years of experience in dealing with all types of urgent immigration matters. They will expertly guide you in all aspects of your case and are ideally positioned to explain any complexities and can represent your position robustly in order to achieve your desired outcome.
How to Get in Contact
Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our family visa application services. We will happily provide you with a free initial discussion about your individual circumstances.
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