Immigration Law
Deportation Defence Barristers
Advice and advocacy for people facing deportation after a criminal conviction, from responding to the Home Office's decision to deport through to the First-tier Tribunal and beyond.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Deportation is different from ordinary removal. It follows a criminal conviction, it is made by a deportation order that bars return while it is in force, and the law starts from a strong public interest in removing foreign nationals who have offended. Under section 32 of the UK Borders Act 2007, a non-British citizen sentenced to at least 12 months' imprisonment for a single offence is a 'foreign criminal' and the Home Office must make a deportation order unless one of the exceptions in section 33 applies, most commonly that deportation would breach the person's human rights or the Refugee Convention.
The process usually begins with a letter telling you the Home Office has decided to deport you and inviting you, through a one-stop notice under section 120 of the Nationality, Immigration and Asylum Act 2002, to set out every reason why you should not be deported. This is the most important document in the case. Reasons not raised at this stage can be harder to rely on later, and the Home Office will treat the response as your human rights or protection claim. If that claim is refused, there is normally a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
The legal framework for Article 8 is set out in Part 5A of the 2002 Act. For sentences under four years, section 117C provides two exceptions: where you have been lawfully resident in the UK for most of your life, are socially and culturally integrated here and would face very significant obstacles to integrating in the country of return; or where you have a genuine and subsisting relationship with a qualifying partner or qualifying child and the effect of deportation on them would be unduly harsh. For sentences of four years or more, you must show very compelling circumstances over and above those exceptions. These are demanding tests, and the evidence needed is detailed: independent social work reports, school letters, evidence of rehabilitation and the reality of life in the country of return.
Direct Access can work for deportation appeals where you, or a family member acting with your authority, can manage the paperwork and correspondence. It is much harder if you are in prison or immigration detention, and a Barrister must turn down Direct Access instructions where a Solicitor is needed. Legal aid is limited for deportation cases that rely only on Article 8, but may be available where there is a protection claim or for bail.
What Deportation Defence Barristers Do
Answering the Decision to Deport
At the earliest stage your Barrister can:
- Advise on whether you count as a foreign criminal under the 2007 Act
- Draft the response to the section 120 one-stop notice
- Identify protection and Article 3 issues as well as Article 8
- Advise on the impact of the sentence length on the legal test
- List the independent evidence your family should start gathering
- Flag any risk of certification preventing an in-country appeal
Building the Article 8 Case
Advice on proving the statutory exceptions:
- Lawful residence and social and cultural integration
- Very significant obstacles to integration abroad
- Unduly harsh effect on a British or settled partner or child
- Commissioning an independent social worker report
- Probation, OASys and rehabilitation evidence
- Very compelling circumstances for longer sentences
Tribunal and Higher Courts
Your Barrister can prepare and present:
- Grounds of appeal against the refusal of the human rights claim
- Witness statements for you, your partner and older children
- A skeleton argument applying section 117C
- Advocacy at the First-tier Tribunal hearing
- Permission applications to the Upper Tribunal on error of law
- Applications to revoke a deportation order already made
Your Barrister prepares these documents. You or an authorised family member lodge and serve them and deal with the Tribunal's correspondence.
What You and Your Family Handle
With Direct Access you or your family:
- Collect birth certificates, tenancy and school records
- Request prison, probation and course completion records
- Lodge the appeal and comply with Tribunal directions
- Arrange for family witnesses to attend the hearing
- Keep the Home Office informed of your address
- Attend reporting or bail conditions while the case is ongoing
How Direct Access Works
- 1
Assessment of the Notice
Your Barrister reads the decision to deport, the sentencing remarks and your immigration history, and identifies which legal test applies, which exceptions are realistic and the deadline for responding.
- 2
One-Stop Response
Your Barrister drafts a full response raising every ground: Article 8, any protection or Article 3 claim, and any medical issues. You send it with supporting evidence before the stated deadline.
- 3
Refusal and Appeal
If the Home Office refuses the claim and makes a deportation order, you lodge an appeal with the First-tier Tribunal within the time limit. From the UK this is 14 days from when the decision is sent.
- 4
Expert and Family Evidence
Your Barrister advises on commissioning an independent social worker or psychologist, and prepares detailed statements from you and family members addressing the effect deportation would have on each of them.
- 5
Final Hearing
Your Barrister presents the appeal, prepares you and your witnesses for questioning by the Home Office Presenting Officer, and makes submissions on the public interest, rehabilitation and whether the exceptions or very compelling circumstances are made out.
- 6
After the Decision
If the appeal fails, your Barrister considers whether the judge made an error of law. Permission to appeal must be sought from the First-tier Tribunal first, within 14 days of the written reasons being sent if you are in the UK.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Does every foreign national with a conviction get deported?
No, but the threshold for automatic deportation is low. A sentence of 12 months or more for one offence triggers the duty to deport under the UK Borders Act 2007, subject to exceptions. Shorter sentences can still lead to deportation where the Home Office considers it conducive to the public good, for example persistent offending or serious harm.
What does 'unduly harsh' mean?
It is a high threshold. The courts have said it means something severe or bleak, going beyond the hardship that deportation of a parent or partner would ordinarily cause. Evidence focused on each child's or partner's specific needs, rather than general distress, is usually decisive.
Will I be able to appeal from within the UK?
Usually, but not always. The Home Office can certify a human rights claim so that any appeal can only be brought from abroad. Since the Supreme Court's decision in Kiarie and Byndloss, the Home Office must consider whether an out-of-country appeal would allow you to present your case effectively, and such certificates can be challenged by judicial review.
I am an EU national with settled status. Do the same rules apply?
It depends on when the offending happened. For conduct before the end of the transition period on 31 December 2020, the EU law test of public policy and public security generally still applies, which gives stronger protection. For later conduct, the domestic deportation rules apply. A Barrister can advise on which regime governs your case.
Can a deportation order be revoked after I have left?
Yes, an application can be made to revoke it, normally from outside the UK. The Immigration Rules set out how the passage of time, the seriousness of the offence and changes in circumstances are weighed. A refusal to revoke can carry a right of appeal if it involves a human rights claim.
Can I instruct a Barrister directly from prison or detention?
It is possible but often impractical, because under Direct Access you must handle filings and correspondence. A partner or family member can sometimes manage this with your authority. If no one can, a Barrister will usually advise you to instruct a Solicitor or regulated immigration adviser, who can then instruct the Barrister for the hearing.
What does deportation defence cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Respond Fully to the Decision to Deport
The first response often shapes the whole case. Speak to a Barrister before the deadline passes.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.