Facing deportation or removal from the UK is an extremely serious and urgent matter. Our specialist deportation solicitors in Bolton provide immediate, expert legal assistance to fight removal orders and protect your right to remain in the United Kingdom.
Understanding Deportation and Removal
There is an important legal distinction between deportation and administrative removal. Deportation is a formal decision made by the Home Secretary, typically following a criminal conviction, and carries a prohibition on re-entry. Removal is an administrative process applied to those who have no legal basis to remain in the UK, such as failed asylum seekers or overstayers.
Grounds on Which Deportation Can Be Challenged
Article 8 ECHR — Right to Family and Private Life
The most common ground of challenge. If deportation would disproportionately interfere with your family life in the UK (for example, you have a British partner, child or long-standing private life), this may outweigh the public interest in deportation. Section 117B-C of the Nationality, Immigration and Asylum Act 2002 sets out how immigration judges balance these considerations.
Article 3 ECHR — Protection from Torture and Inhuman Treatment
If you would face torture, inhuman or degrading treatment upon return, removal is prohibited under absolute Article 3 rights, regardless of any criminal history.
Asylum and Protection Claims
If you have not previously claimed asylum or have new evidence, a fresh protection claim may prevent your removal. See our asylum solicitors page for more information.
Emergency Injunctions
If a removal is imminent, we can apply for an emergency injunction (under Rule 39 of the European Court of Human Rights or through the domestic courts) to halt the removal while legal proceedings continue. Speed is absolutely critical in these cases.
Foreign Criminal Deportation
Foreign nationals sentenced to 12 months or more imprisonment face a presumption in favour of deportation. However, this can be rebutted in cases involving long residence, British children, or other exceptional circumstances.
Need Expert Immigration Advice in Bolton?
Contact our specialist immigration solicitors today for a confidential consultation on your case.
Related Services
Deportation cases frequently involve human rights arguments and our team works alongside our immigration appeals solicitors and asylum team where relevant. We also advise on ILR and British citizenship as a means of securing permanent status and reducing vulnerability to removal. Visit our areas we cover page to find out if we serve your location.
