Deportation from the UK: Can It Be Stopped?

Facing deportation is one of the most serious immigration situations a person can face. But deportation is not always inevitable — there are often legal arguments that can prevent or delay removal. Our deportation solicitors in Bolton explain how these cases are fought.

The Difference Between Deportation and Administrative Removal

Deportation is a formal decision usually made following a criminal conviction. It carries a prohibition on re-entering the UK, sometimes indefinitely. Administrative removal applies to those who have no leave to remain (e.g. overstayers or failed asylum seekers) and does not automatically carry a prohibition.

Grounds for Challenging Deportation

Article 8 ECHR — Right to Family and Private Life

Article 8 of the European Convention on Human Rights protects your right to family and private life. A court or tribunal must assess whether deportation is proportionate to the legitimate aim of immigration control. Key factors include: the length of time in the UK, strength of family ties (particularly British children), rehabilitation, and the severity of any offending.

Article 3 ECHR — Prohibition of Torture

Article 3 is absolute — if you would face torture, inhuman or degrading treatment upon return, the UK cannot lawfully remove you, regardless of any criminal history. Medical evidence and country-of-origin information are central to these cases.

Asylum and Protection

A genuine asylum claim can prevent removal. If you have not previously claimed asylum, or have new evidence, a protection claim can be made even at a late stage. See our asylum solicitors page.

The Foreign Criminal Deportation Regime

Under sections 117C and Part 5A of the Nationality, Immigration and Asylum Act 2002, foreign nationals sentenced to 12 months or more imprisonment face a presumption in favour of deportation. This presumption can be rebutted in “exceptional circumstances,” which commonly include: a genuine and subsisting relationship with a qualifying child, or truly exceptional circumstances making deportation unjustifiably harsh.

Emergency Legal Action

If a removal flight is imminent, our solicitors can act urgently to apply for an injunction in the High Court or make an application under Rule 39 to the European Court of Human Rights to halt the removal. Time is critical — contact us immediately if you are facing imminent removal.