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Immigration Bail and Revocation of a Deportation Order

IMMIGRATION BAIL AND REVOCATION OF A DEPORTATION ORDER

Immigration bail and revocation of a deportation order are two mechanisms in UK immigration law that afford certain people a temporary right to stay in the UK, even when their immigration status has been called into question or when they are at risk of being removed from the UK. The intention behind these provisions is to do justice and afford people an opportunity to contest the decisions that deny them the right to remain in the UK.

Immigration Bail

Immigration bail is a form of temporary release granted to those detained under immigration powers, especially removal or deportation from the UK. It enables an individual to be released from detention pending further legal action, for example, appeal, or until their immigration status is clarified.

It is generally issued either by an immigration judge at a tribunal or by the Home Office. There are mainly two kinds of bail:

1.Conditional Bail: The individual is released from detention, but only on the strict conditions and may include any of the following conditions:

Returning to a particular immigration office for routine periods.

Surrender of their passport or travel document.

Giving an address to be located at.

  1. Unconditional Bail: The individual is released from detention without any specific conditions, though this is less common and generally applies to individuals who pose no flight risk or threat to public safety.

Procedure for cancelling a deportation order

  1. Revocation: If a person wants his deportation order to be revoked, he is at liberty to file an application with the Home Office or appeal to the First-tier Tribunal (Immigration and Asylum Chamber) for the revocation. The grounds stated in the application should be supported by proof.
  2. Appeal of the Decision If the Home Office declines the revocation request, the person can appeal against the decision. The appeal will be heard by an immigration judge who will consider the evidence and decide whether to revoke the deportation order.

    3. Timing: It should be noted that the request for revocation has to come forth soon after the deportation order is made. The case would be adversely affected with delays in requesting a revocation and that the person might be deported before the application is considered.

   4. Decision: On revocation of the deportation order, the individual will be granted permission to remain in the UK, and any restrictions that might have been enforced by the deportation order will be lifted. Notwithstanding this, it is not guaranteed, as each case would be dealt with on its merit.

 

For personalized assistance with your legal needs, contact us or visit Lumine for expert guidance tailored to your specific situation. Our experienced team is here to help you navigate the complexities with confidence and ease.

If the Home Office is holding you on immigration matters, you can apply for immigration bail. You may be held because they believe you are in the UK illegally or have broken rules of your stay. Immigration bail will not be granted for criminal matters.

When are you more likely to get immigration bail?

You may be more likely to get immigration bail if:

  • You have somewhere to stay in the UK. This address can be used to keep in touch with you, and knowledge of where you are increases the chances of a bail applicant successfully being released.
  • You have at least 1 ‘Financial Condition Supporter’. This is a reliable person who will pay money if you fail to follow the bail conditions of your bail & will also attend any bail hearings.

If your application is successful, you will be released from detention, but you will have to obey conditions

What conditions can be attached to immigration bail?

If successful, you will be released from detention, but usually with conditions such as:

  • Restriction on where you can live.
  • If you breach your bail conditions, you/someone promises to pay a sum of money
  • Electronic monitoring – However this is not mandatory

A deportation order prevents you from re-entering the country whilst their deportation order is in effect You can apply for revocation of a deportation order made against you on the basis that it is for the public good, unless the deportation breaches rights under the Human Rights Act 1998.

An application for revocation of a deportation order must be made from outside the UK after you have been deported, unless removal breaches a person’s human rights. Lumine Solicitors can assist you in navigating this process effectively.

Circumstances in which you can apply for revocation of a deportation order may include:

  • where deportation is no longer justified
  • where deportation order is invalid but the deportation action continues
  • where deportation is no longer lawful

At Lumine Solicitors we offer expert advice to you on the application process for revocation of a deportation order, as well as reviewing your immigration history to see whether you qualify. Following this, we will ensure complex evidential requirements are met and will submit this to the home office.

For all immigration matters, Please do not hesitate to get in touch on020 3950 2246 or Contact Us HERE

Services

Lumine Solicitors specialised immigration team, based in London, offers a wide range of services to cover all immigration.

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Lumine Solicitors specialised immigration team, based in London, offers a wide range of services to cover all immigration.

When it comes to legal matters concerning property we provide expertise that you can rely on and trust. Whether it’s for residential .

Dispute resolution solicitors in London offer a range of services to settle disputes between individuals and also for businesses.

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