Will deportation from the UK breach your human rights ?
Will your deportation from the UK breach your humanrights as to family life? So you think you can stay here ! read on…
Well, I shall not be technical, but this is the position. You can still be # deported as a #foreign criminal if you have a #deportation order against you, even though you may have British children here and have a close bond with them, take them to school, attend parents meetings, play sports with them, and it will not be in their best interests if they were separated from you. Believe me that’s the truth! How come? read on…
If you have a sentence of between 1 but less than 4 years to serve, you may be in a better position than if you have a sentence of 4 year or more!
You are classed as a ” medium offender” if your sentence is less than 4 years and can actually escape deportation if you are a parent, and or have a partner. You come within what we lawyers call ” the safety nets”. Your long residency in the UK may also be taken into account. So, depending on how strong your ties are with the UK, you might succeed on an appeal to # revoke a # deportation order.
if you can’t come within those “safety nets” as a” medium offender”, then you need to show # “very compelling circumstances” over and above family and private life matters. So if you are a single person with no family life here and not a long resident, or your residency here has been mostly in prison, you will have a problem and your situation may be no better than someone who is a ” serious offender” for which read on!
You will have the burden of proof in all cases to satisfy the court that you should be given permission to stay and the deportation order should be revoked! The standard of proof is a civil standard, so basically on the evidence which is ” convincing”, it is ” more likely than not” that you have proved your case to stay.
i don’t have good news for you however if you are # a “serious offender” serving time which is 4 years or more. You can’t escape #deportation by arguing you are a parent to a British child and or you have a British partner here. So, what!
You can only escape # deportation as a” serous offender ” if you can show that there are” # very compelling circumstances” over and above normal family and private life matters. So, a especially strong case is required before a human rights claim can succeed. This may include a serous medial or other special need of your child or partner for example.
I am sorry to say that social workers reports explaining the emotional and psychological damage that your child would suffer if he/ she were separated from you is not good enough and will not be considered as ” exceptional ” or ” unusual” or ” very compelling “. You can’t argue for example that you teach your child Islam and would not be able to do so if you were separated. That does not constitute very compelling circumstances!
You can see therefore that the threshold for you to cross is a very high one as a ” serious offender” and any psychological damage that may result for your child and or family here due to your deportation will not outweigh the public interest in deporting you, because if it did, it would effectively drain and undermine the immigration rules of any practical significance!
With regret therefore, the best interest of the child are not a trump card! The usual love and affectation between parent and child is no different to the circumstances of many parents. There are no “very compelling circumstances”
Sorry if i have spoiled your day Try to have a good day!