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The removal from a state of a person whose initial entry into that state was illegal (compare expulsion). In the UK this is authorized by the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, in the case of any person who does not have the right of abode there. He may be ordered to leave the country in four circumstances: if he has overstayed or broken a condition attached to his permission to stay; if another person to whose family he belongs is deported; if (he being 17 or over) a court recommends deportation on his conviction of an offence punishable with imprisonment; or if the Secretary of State thinks his deportation to be for the public good. Appeals against deportation orders are now made to the Asylum and Immigration Tribunal, except where the individual served with the order is held to be a threat to national security; in this case the appeal must be made to the Special Immigration Appeals Commission (SIAC). The Immigration Act 1988 restricts the right of appeal in the case of those who have failed to observe a condition or limitation on their leave to enter the UK. The Immigration and Asylum Act 2000 and the Nationality, Immigration and Asylum Act 2002 give additional powers to order those present in the UK without permission to leave, either when they have overstayed or obtained leave to remain by deception or when they were never granted leave to remain. The legislation also provides for the removal of asylum claimants under standing arrangements with other EU member states (R v Secretary of State for the Home Department, ex p Khan [1995] 2 All ER 540 (CA). Under the European Convention on Human Rights there is an absolute prohibition against deporting a person to a country where he risks being tortured.

Subjects: Law.

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