Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Deportation order definition

What does Deportation order mean? A deportation order is a formal direction requiring a non‑national to leave a state and banning re‑entry. In the UK (England & Wales, Scotland and Northern Ireland) it is made by the Secretary of State under the Immigration Act 1971, section 5. It is usually imposed where deportation is considered conducive to the public good, or under the UK Borders Act 2007 automatic deportation provisions for certain foreign criminals. Its effect is to cancel any existing leave to enter or remain, authorise detention and removal, and bar re‑entry while it remains in force. It continues indefinitely until revoked by the Secretary...

UK Deportation Law: automatic and conducive deportation, Article 8 framework, statutory exceptions, revocation, leave outcomes, and treatment of EEA, Irish, Commonwealth, refugees and family members

Published by a LexisNexis Immigration expert

Practice notes

The process permits the removal of a non‑British citizen from the UK and prevents their lawful return. Authority to deport is contained in sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007). These provisions provide the legal framework for such action.

A deportation order has several consequences:

it compels the person to leave the UK
it automatically cancels any leave to enter or remain—whether granted before the order is made or while it stays in force
it bars the person from re‑entering the UK unless, and until, the order is revoked

The deportation process must be distinguished from administrative removal (see Practice Note: Administrative removal). Some deportation decisions give rise to a right of appeal. In other instances, the sole legal challenge may be by way of judicial review. For further details see: Rights of appeal and Judicial review—overview. Knowingly entering the UK in breach of a deportation order constitutes a criminal offence.

What are the circumstances which may trigger a decision to deport?

A deportation order may be issued by the secretary of state for the home department (SSHD), acting through the Home Office, in the...

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Nick Nason

Edgewater Legal

Nick is founder and principal lawyer at Edgewater Legal , a firm specialising in immigration solutions for individuals and small companies. Prior to this Nick was a solicitor and in-house advocate at Luqmani Thompson & Partners (2010-2015), and before this a volunteer at Bail for Immigration Detainees (2009-2010). In 2016, Nick took a sabbatical and spent time volunteering with the Refugee Legal Aid Program at St. Andrew's Refugee Services (StARS) in Cairo, assisting individuals making initial asylum applications to the UN High Commissioner for Refugees. Nick regularly writes about immigration law and policy issues for Free Movement , and was funded by the Strategic Legal Fund to provide an analysis of the legality of Operation Nexus , a collaboration between the police and immigration officials aimed at increasing the number of individuals deported from the UK....

David Sellwood

Garden Court Chambers

David practices in the areas of immigration, human rights and criminal justice. He regularly appears before the First Tier Tribunal (Asylum and Immigration Chamber) and Magistrates and Youth Courts. He has also appeared in the Upper Tribunal (Asylum and Immigration Chamber), the High Court, and the Crown Court. Prior to coming to the Bar, David spent over eight years in the human rights sector. Before pupillage David worked at Reprieve, a legal action charity that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay. Initially he was Head of their European Commission funded Death Penalty project, identifying and assisting European nationals on death row in the United States. He later acted as Interim Director of their Death Penalty Team. David worked closely with U.S. legal teams and European diplomats, advising on domestic and...

Jo Renshaw

Turpin Miller

Jo has practised exclusively in Immigration law since qualification in 1993. She is qualified to practice in both Australia and the United Kingdom and has worked as an immigration solicitor for many years in both jurisdictions. She joined Turpin and Miller Solicitors in 2005, becoming a Partner in 2008. She has been head of the firm's large Immigration Team since 2007. She has worked as a Peer Reviewer in the Immigration category and is one of only a small number of Immigration practitioners accredited by the Law Society at Advanced Level. Jo's practice is broad based and covers all aspects of immigration and asylum law. She is a member of the firm's specialist Skilled Migration Team and has a particular interest in Points Based matters. Throughout her career she has also had a keen interest in Asylum work, heading the Refugee Advice Service at a...

Web page updated on 22/05/2026

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