Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
According to Immigration Rules paragraph 364, in considering whether deportation is the right
course of action, the public interest will be balanced against any compassionate circumstances
of the case; and while each case will be considered in the light of the particular circumstances,
the aim will be to enforce deportations that are consistent and fair. Deportation will normally be
considered appropriate where a person has failed to comply with or has breached a condition of
entry or stay or has remained in the country without permission.
Before a decision to deport is reached, the Home Secretary will take into consideration relevant
factors including:
Age;
Length of residence in the United Kingdom;
Strength of connections with the United Kingdom;
Personal history, including character, conduct and employment record;
Domestic circumstances;
Previous criminal record and the nature of any offence for which the person has been
convicted;
Compassionate circumstances;
Any representations received on the person’s behalf.
A deportation order is issued if after considering these factors, deportation is still regarded as
appropriate. An appeal of a deportation order is permissible under Section 63 of the 1999 Immigration
Act, with a few exceptions, e.g. where deportation is in the interest of national security,
and a deportation order cannot be invoked against a person who has an appeal pending.
Once all appeal rights have been exhausted, a deportation order is signed, paving the way for an
immigration officer to set removal directions.
In some cases, persons who receive deportation orders will be in detention, therefore a deportation
notice may be served in person. However, where this is not the case a deportation notice
may be sent by post to the last known address.
Administrative Removal
In accordance with immigration rules, non-UK nationals may be removed from the country if:
they remain in the UK longer than the period prescribed under their conditions of entry; have
breached their conditions of stay; obtained leave to remain by deception or are a spouse or child
under the age of 18 of the person being removed. Such persons are usually subject to administrative
removal procedures rather than a deportation order.
Factors to be taken into account when deciding whether administrative removal is appropriate
include those outlined in paragraph 364 of the Immigration Rules (as above).
Persons subject to administrative removal have no right of appeal in the UK, unless they claim
that the decision to remove them breaches their human rights, is racially discriminatory, or contrary
to the UK’s obligations under the Refugee Convention.
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