Revocation of Deportation Order
In accordance with paragraph 390 of the Immigration Rules, an application for revocation of a deportation order will be considered in the light of all the circumstances including the following:
- the grounds on which the order was made;
- any representations made in support of revocation;
- the interests of the community, including the maintenance of an effective immigration control;
- the interests of the applicant, including any compassionate circumstances.
According to paragraph 391 of the Immigration Rules, in the case of an applicant who has been deported following conviction for a criminal offence continued exclusion
- in the case of a conviction which is capable of being spent under the Rehabilitation of Offenders Act 1974, unless the conviction is spent within the meaning of that Act or, if the conviction is spent in less than 10 years, 10 years have elapsed since the making of the deportation order; or
- in the case of a conviction not capable of being spent under that Act, at any time, unless refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees.
will normally be the proper course. In other cases revocation of the order will not normally be authorised unless the situation has been materially altered, either by a change of circumstances since the order was made, or by fresh information coming to light which was not before, or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also in itself amount to such a change of circumstances as to warrant revocation of the order.
Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.
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