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If you or a member of your family is facing deportation it is important that you contact our immigration solicitor as soon as possible. Our expert immigration solicitors will advise you on the UK Border Agency policy, and appeal procedures.

Under Section 10 of the Immigration and Asylum Act 1999 a person who is not a British citizen may be removed from the UK, in accordance with directions given by an immigration officer, if:

  • He does not observe a condition of his limited leave to enter/remain or remains beyond the period of his limited leave;
  • He uses deception in seeking leave to remain irrespective of whether he is successful or not;
  • His indefinite leave to enter/remain has been revoked as someone who has ceased to be a refugee; or
  • He belongs to the family of a person being removed under Section 10

It is an offence to knowingly overstay or otherwise breach a condition of leave. A person who remains beyond the time limited by his leave is liable to removal under the powers contained in Section 10 of the 1999 Act.

A person is liable to administrative removal under Section 10 if he fails to comply with a condition of his limited leave e.g. he is found to have been working in breach of a restriction or prohibition on employment, if he fails to comply with a requirement to register with the police or he is found to be in breach of a condition requiring him to maintain and accommodate himself without recourse to public funds (as defined in the Rules). The breach must be of sufficient gravity to warrant such action.

A person who uses deception in seeking to obtain leave to remain (including indefinite leave to remain) is liable to removal under Section 10 powers, irrespective of whether or not he successfully obtains leave.

A person who ceases to be a refugee, or the dependent of such a person, may have his indefinite leave revoked. A person whose leave has been revoked in this way may be liable to removal from the UK by way of directions under Section 10(1)(ba) of the 1999 Act.

The non-settled spouse or civil partner, or children under the age of 18 belonging to the family of a person in respect of whom removal directions have been given under Section 10 are themselves liable to administrative removal. Directions may not be given in respect of a family member unless they have been given notice in writing that it is proposed to remove them. If the first person to be removed under Section 10 has left the UK, notification cannot be given to the family member if more than 8 weeks have elapsed since the first person’s departure from the UK.

A person subject to administrative removal under section 10 may have a right of appeal against such decision exercisable in the UK. Where a person is entitled to bring an appeal while he is in the UK and that appeal is pending he may not be removed or required to leave the UK.

If a decision to remove has been served on you we may be able to appeal against such decision on your behalf and apply for your Bail if the removal decision has been made during your detention.

Our work will include:

  • Advising you on the relevant requirements, relevant laws and procedures;
  • Advising you on the relevant documents to be submitted in support of your appeal;
  • Considering the contents of such documents and discussing the same with you;
  • Advising you on the weaknesses and strengths of your bail application; and
  • Preparing a cover letter.
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