Two Different Things.
Deportation and removal are used as if they mean the same thing and they do not. Detention is separate from both, and can happen alongside either. Which one you are facing decides what can be done about it.
Deportation
Because presence is said not to be conducive to the public good
A deportation order follows a decision that a person’s presence is not conducive to the public good, or a court’s recommendation. Under the UK Borders Act 2007 the Secretary of State must make one against a foreign national sentenced to at least twelve months, subject to statutory exceptions.
Removal
Because there is no leave to remain
Administrative removal is the enforcement of a person having no leave. It is not a deportation order, it does not carry the same re-entry consequences, and it is not answered in the same way.
Immigration Detention
An administrative decision, not a sentence
Detention under immigration powers is decided by the Home Office rather than by a court, which is why it is answered by applying for bail rather than by appealing.
Immigration Bail
Applied for, and decided by a judge
An application to the First-tier Tribunal for release, with or without conditions such as a residence address, reporting or an electronic monitoring condition. It can be made more than once.
The Legal Position
Deportation of a foreign national convicted of an offence is presumed by statute, and the argument against it runs through a set of exceptions Parliament has written narrowly and deliberately.
Unduly Harsh Means More Than Harsh
Separation from a parent is expected to be distressing. The statutory test asks for a degree of harshness beyond what is ordinarily involved, which is why having children in the United Kingdom does not by itself answer a deportation decision.
Detention Has No Fixed Limit
There is no general statutory maximum period of immigration detention in the United Kingdom. Detention must be for a lawful purpose and for a reasonable period, which is a legal question rather than a number of days.
Bail Is Not One Attempt
A refusal of bail is not final. Circumstances change, in particular the availability of a release address and the realistic prospect of removal within a reasonable time, and a further application can be made.
How It Moves
This is the most time critical work on the site. Detention runs while everything else happens, and the deadlines attach to documents that arrive without warning.
Notice, and Representations
A decision to deport is preceded by notice, and there is an opportunity to make representations about why an exception applies. What is put in at this stage frames everything after it.
Where a person is detained, a bail application can be made straight away and does not wait for the substantive matter.
The Bail Hearing
A judge in the First-tier Tribunal decides. A realistic release address makes a material difference, and so does whether removal is actually in prospect within a reasonable period.
Conditions can be attached, including reporting, a residence condition and electronic monitoring.
The Appeal
Where a human rights claim has been made and refused there is ordinarily a right of appeal to the First-tier Tribunal, which considers the Part 5A tests on the evidence.
Time limits are short, and shorter again where a person is detained. A decision letter should be acted on the day it arrives.
Legal Aid and Fees
£180 for the consultation, up to one hour, plus VAT at 20% where UK VAT applies to you. That depends on where you are living when you instruct us, and we will tell you before you decide.
£180You do not pay it if you already hold a legal aid certificate. The government eligibility checker is not a certificate: it estimates eligibility, it does not grant it, so we cannot waive the fee on a checker result.
Otherwise the fee is payable, and we carry out the legal aid assessment at the consultation itself, on means and then merit. That assessment is what decides how your case proceeds. Advice on immigration detention and applications for immigration bail remained in scope whatever the underlying immigration matter. A deportation appeal is not automatically in scope, and where it is not, Exceptional Case Funding under section 10 of LASPO can be applied for. The fee for the work itself is assessed after that meeting and confirmed in writing before any work starts.
Things to Know
These answers state the general position in the United Kingdom. Your advice will address your circumstances.
How Long Can Someone Be Detained?
There is no general statutory time limit on immigration detention. It has to be for a lawful purpose and for a period that is reasonable in the circumstances, which is a legal question and one of the things a bail application puts in issue.
Did a Court Order the Detention?
No. It is an administrative decision taken by the Home Office. That is precisely why release is sought by applying to a tribunal for immigration bail rather than by appealing a sentence.
I Have Children in the UK. Does That Stop Deportation?
Not by itself. It is considered under the Part 5A tests, which ask whether the effect on a partner or child would be unduly harsh, and that means more than the distress separation ordinarily causes. Where the sentence was four years or more the test is higher again.
Bail Was Refused. Can We Try Again?
Yes. A refusal is not the end of it. What most often changes the outcome is a realistic release address and a change in whether removal is actually in prospect within a reasonable period.
Is Deportation the Same as Being Removed?
No, although the words are used interchangeably. Deportation follows a decision that a person’s presence is not conducive to the public good, and carries different consequences for returning. Administrative removal enforces the absence of leave. Which one applies changes what can be done.
What Should Be Brought to the First Meeting?
Every letter from the Home Office with its date, the Home Office reference, and details of the detention including where the person is held. Any sentencing remarks. Details of family in the United Kingdom, and a possible release address if there is one.
Other ImmigrationServices
Review related advice on asylum and human rights claims, family visas, and the EU Settlement Scheme.
