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Court Of Appeal Finds That Deportation Orders Are Not Presumed Revoked After 10 Years, For Custodial Sentences Of Less Than 4 Years

Posted by: Gherson Extradition

In the case of EYF (Turkey) v Secretary of State for the Home Department (2019), Mr Eyf argued that the wording of Paragraph 391 of the Immigration Rules implied that where a deportation order was in place there was a presumption that after a period of 10 years the deportation order should be revoked.

Paragraph 391 reads as follows:

“391. In the case of a person who has been deported following conviction for a criminal offence, the continuation of a deportation order against that person will be the proper course:

(a) in the case of a conviction for an offence for which the person was sentenced to a period of imprisonment of less than 4 years, unless 10 years have elapsed since the making of the deportation order when, if an application for revocation is received, consideration will be given on a case by case basis to whether the deportation order should be maintained, or …”.

The Court of Appeal determined, however, that there is no such presumption that deportation orders are revoked in these circumstances. Each case is to be considered on a case-by-case basis. (The citation of the case is [2019] EWCA Civ 592).

In the event that you require any advice or assistance with respect to any UK immigration matters, please do not hesitate to contact us.

 

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2019

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