Deportation

Stopping an imminent removal

National law firm Solicitors representing clients across the UK

On this page
  1. The notice period
  2. The options
  3. What we need from you
  4. Honesty about prospects
  5. If it is urgent
  6. Ask a question

When removal directions are set, there is usually a short window in which something can be done. What is possible depends on whether a claim has already been made and refused, whether there is a right of appeal, and whether there is new evidence.

The notice period

The Home Office must give notice of removal. Depending on the case, the notice period is 72 hours (including two working days) or five working days, and in some circumstances a longer removal window is used. During the notice period a legal challenge can be made.

The options

  1. A right of appeal that has not been used. If an appealable decision was served and the time limit has not expired, lodging the appeal usually suspends removal.
  2. Further submissions. New evidence or a new claim can be lodged; removal does not stop automatically, but the Home Office must consider the submissions before removing, and a refusal to do so can be challenged.
  3. Judicial review with interim relief. Where there is no appeal, an urgent application to the Upper Tribunal or High Court for an order preventing removal pending the claim. The courts expect the Home Office to have been put on notice first, and applications made at the last minute without good reason are treated with scepticism.
  4. Bail or a medical issue. Detention and fitness to fly can be raised separately.

What we need from you

The removal directions and any refusal letters, the person's Home Office reference and where they are detained, any previous solicitors' papers, and the new evidence or reason that has not already been considered. We can act within hours if we have the documents.

Honesty about prospects

The courts refuse most last-minute applications that repeat points already decided. We will tell you quickly whether there is a real argument. If there is, we make it fully; if there is not, we tell you so and advise on what to do after removal, including revocation and re-entry bans.

If it is urgent

Detention, removal directions and short deadlines are dealt with the same day. Call 0161 222 5860 and say it is urgent; outside office hours leave a message with the detainee's name, where they are held and any reference numbers, and we will call back.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email.

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