As appeared in The Guardian and The Times Newspapers
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Hayat & Co have specialised in all aspects of Human Rights, Immigration and British Nationality law since they were established in 1998.
Facing removal or deportation from the United Kingdom can be a very frightening and stressful experience. Our Immigration lawyers can provide help and assistance to those who may be detained in the Immigration Removal Centres (IRCs).
Removal or deportation from the UK
If you are facing removal or deportation from the United Kingdom, our London-based team of Immigration lawyers can help prevent this. We will also seek bail or temporary release from detention on your behalf. Sadly, this is not an easy task. Immigration Officers are not very forthcoming with information, and the demand for assistance from within detention centres is high.
For a person who is detained, it can be almost impossible to find any legal assistance without outside help from family and friends. Such assistance is essential, not least because time spent in detention could be unlawful. There is an added possibility of a mandatory ban of up to 10 years being imposed if a person is removed or deported from the UK.
The UK Border Agency have an obligation to follow their own internal policies on detention and must not detain people beyond a certain period of time without good reason. Additionally, family members of those who are due to be removed or deported may also have their Human Rights breached if such action takes place.
Important things to consider
When the consequences of an unsuccessful application or appeal are so dire, it is essential to seek legal advice from specialist Immigration lawyers at an early stage. This will prevent the wrong course of action being taken when removal may be imminent and deadlines are fast approaching.
To discuss any aspect of our service or to obtain a quote for your case:
Email: info@hayatandco.com
Defending & Appealing Deportation Orders & Removal Orders
Our team of experienced and professionally qualified immigration solicitors and immigration barristers are able to able to adviseas to all of the forms of relief and representations available to fight a deportation or removal order. We can assist you in challenging or appealing your deportationor removal order and consider the ways that you may stay in the UK or avoid a ban on you re-entering the country.
Both deportation orders and removal orders can be challenged by way of appeal to an Independent Immigration Judge if it is contrary to the United Kingdom’s obligations under the 1951 Refugee Convention or the European Convention on Human Rights (ECHR).An illustration of this isArticle 8ECHR (given effect by the Human Rights Act 1998) whichcan be divided into two parts. The first part states that everyone has the right to respect for his or her private and family life. The second part states that public authorities (such as the Home Office) must not interfere with this right unless to do so would be necessary, for specified purposes and in accordance with law. Regard may also be given to other relevant factors which constitute exceptional circumstances.
Our expert team work to challenge deportation and removal orders in the following ways:
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Assessing the merits for challenging deportation or removal;
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Assessing the lawfulness of your detention;
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Putting forward, in the strongest possible terms, representations to the Home Office;
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Appealing any negative decision by the Home Office;
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Making an application for Judicial Review in the High Court challenging detention;
With your help we ensure that we present the correct supporting evidence in the form of relevant documents which strengthen and support your application.
Seeking Judicial Review to Prevent Deportation from the UK
Another way to challenge a deportation order is to seek a judicial review. Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public entity such as the UK Border Agency or the Home Office. An applicant has to seek the leave of the court by showing that he has an arguable case against his deportation with some prospect of success. To succeed, there has to be some legal and/or procedural irregularity in the UKBA’s decision ordering the said person’s deportation.
Hayat & Co under the immediate supervision of our principal solicitor Amar Hayat have in the last ten years submitted approximately 300+ immigration Judicial Review applications almost all but a handful have been successful and for its size has probably dealt with more Judicial Review applications than any other firm whilst enjoying possibly one of the best success records of any firm. We are therefore highly experienced in both recognising cases that have merit and dealing with applications in the High Court. This is not something most firms can stake a claim to.
To discuss any aspect of our service or to obtain a quote for your case:
Email: info@hayatandco.co.uk
*Free initial consultation is subject to terms & conditions and will be limited to our gaining an understanding to the background of your case and assessing whether in our opinion there may or may not be any options available to you. We will not provide any general or specific advice which we consider you might seek to rely on as this could in our opinion attach legal liability upon which we cannot offer free advice. Please contact us for further details.
