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Revocation of Deportation Orders after Brexit

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Since 1 January 2021, if an individual makes an application to revoke a deportation order from overseas, the application will be considered under the Immigration 1971 Act or UK Borders Act 2007.

When dealing with an application for revocation of a deportation order, if the offending took place before 11 pm on 31st Dec 2020 and the person has acquired a derivative right under EEA Regulations or has pre-settled or settled status as a family member of an EU citizen there may be grounds for appeal.

Challenging a refusal to revoke

A refusal is usually challengeable under EU law, depending on when the application is made. This could then lead to the matter being remitted back to the Home Office in order for it to check again and make a decision with reference to the applicable EU law. Alternatively, it may be possible to persuade an immigration tribunal to make its own determination about whether or not the Home Office is acting in a proportional way in light of the reliance on the EU law claim. If you wish to do so then you will need the assistance of a regulated immigration Solicitor who can represent you.

Scarsdale Greater Manchester Immigration Solicitors

If the content of this article affects you and you need to call on the help of a greater Manchester immigration solicitor then call Scarsdale Solicitors today for confidential advice. Scarsdale Solicitors Oldham, Scarsdale Solicitors Manchester or Scarsdale Solicitors Rochdale are specialists in immigration matters and criminal law advice. We are also highly regarded solicitors in the area of family law and divorce issues. Scarsdale Solicitors Greater Manchester are a modern, dynamic, fast-moving practice. Call our Manchester Immigration solicitors, Rochdale immigration solicitors or Oldham immigration solicitors now on 0161 660 6050 for a consultation.

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