MZ (Hospital order: whether a ‘foreign criminal’)
Batley Law recently achieved success in an appeal against deportation for their client, MZ. Represented by Batley Law in deportation proceedings initiated by the Home Office, MZ faced potential deportation to Pakistan due to a conviction for assault and affray.
MZ, who suffered from a significant and chronic mental disorder and had been under sectioned care for several years under the Mental Health Act 1983, was residing in supported accommodation. Additionally, he had a diagnosed learning disability.
During the deportation appeal before the First Tier Tribunal, Batley Law successfully argued that the statutory regime under section 117C and the corresponding immigration rules (paragraphs 398 and 399) did not apply to MZ’s case. This was due to the nature of his sentencing by the Criminal court, which arose from a finding under section 5(1)(b) of the Criminal Procedure (Insanity) Act 1964, indicating that he “is under a disability and that he did the act or made the omission charged against him.” The argument centred on the absence of a traditional ‘conviction,’ thereby challenging the applicability of deportation provisions as outlined above.
The First Tier Tribunal judge agreed with Batley Law’s position. Subsequently, the Secretary of State appealed the decision and obtained permission to appeal to the Upper Tribunal.
Upper Tribunal Judge Lane thoroughly reviewed relevant legal precedents and ultimately upheld the First Tier Tribunal’s findings. Consequently, MZ’s deportation appeal was successful.
The decision was reported and can be viewed here: https://tribunalsdecisions.service.gov.uk/utiac/2020-ukut-225.
Waseem Nazir was instructed by the Appellant in this case.
FAQs
Who can file a deportation appeal?
The person subject to a deportation order can file an appeal.
How do I appeal a deportation decision?
A person who has been issued a deportation order can request the Home Office for an appeal. However, this request must be submitted from outside the UK after the person has already been deported.
What grounds can I use for a deportation appeal?
A few credible reasons you can use to support your deportation appeal are:
- The deportation order contradicts the Human Rights Convention or the Refugee Convention.
- The proper procedure for removal has not been followed
Can I remain in the UK while my appeal is pending?
The deportation order cannot be enforced while an appeal is pending, which means you cannot be deported from the UK during this time.
How long does a deportation appeal take?
It can take 6 months to several years to resolve a deportation appeal and the court to make a decision.
What happens if my deportation appeal is successful?
If your appeal against deportation is successful, the Home Office will be obligated to revoke the order, allowing you to continue residing in the UK. However, this outcome does not automatically guarantee indefinite leave to remain.
What if my deportation appeal is denied?
If your appeal has been rejected, the Home Office categorises your appeal rights as exhausted. And you can be detained at any moment.
