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

15 Apr 2019, 32 mins ago

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).

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