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The person has leave to remain in The United Kingdom, it can be a limited leave or indefinite leave
to remain,
or it can even be an European Citizen
and it commits a serious crime.
Depending on seriousness of the offense, the Home Office may decide
to remove him
because its a decision
made by the Home Office
in order to prevent
crime
because they saying that it's condusive to public good, then is called
deportation.
Deportation is when Home Office decides to remove someone
on the basis that it would be conducive to public good.
Its no longer called removal but deportation
When the decision is made to deport you, the person would have the right to appeal
and he would be able to go to court
before a judge
to show that
it would be disproportionate
even on law form
to remove him.
Now in The United kingdom we have two laws. We have immigration act
1971 and you have the UK Borders Act 2007.
Normally people would be deported on the 1971 act when
the crime, the offense they committed is not that serious
or its minor offenses that culminated in to
serious
uh...
serious
uh...
wrongdoings.
The person hasn't reform because he has offended repeatedly.
The Home Office would deport someone under the UK Borders Act when
the offense is really serious, and
I can give you some examples. For instance when a person is supplying
crack *** - this is serious, or
a person commits an offence
with such a violence
that
it's no longer wanted in the British community.
So they're going to use the UK Borders Act.
When
UK Borders Act is used against you
and you have to challenge it in court
you have to bear in mind
that's you may have
a way out of it if
you can show that you come within exception.
Within UK Borders Act
there are exceptions.
Among exceptions you have
European Convention on Human Right and the Refugee Convention,
so for instance if
you're subject to deportation, under UK Borders Act
and you can show that you have established family life in the UK and it could be disproportionate to
remove you,
you may
not be deported.
and uh...
For instance the person has a family, his partner, he has children
and
he went out of the way to commit a serious crime
and the Home Office decides to deport him
and he goes to court.
What does he do?
In courts
there's assesment,
which has nothing to do with the Home Office.
The court will *** your case.