When the home office dictates that a person is to be removed from the country, the UK Border Agency has strict guidelines and timetables that it adheres to. Once the process begins, these guidelines mean that a person can quickly find themselves in a situation that feels like the end. However, emergency immigration injunctions can be sought; these injunctions are binding court orders and they prevent the removal of a person from the country, typically pending a full immigration review.
Although they do not guarantee citizenship, and do not ensure that the immigration review will have a positive outcome, they do provide individuals with time to properly prepare a case or to mount an appeal. With so much riding on the outcome of these appeals and cases, it is vital that you contact a qualified immigration lawyer, and that your team has the time to mount an appropriate case with the greatest chance of success.
An injunction is essentially a court order, and the content of the injunction is legally binding. Such orders are used for a wide variety of purposes and in many instances, ranging from domestic abuse orders to those that prevent the sale of property or the transferral of property and assets into another person’s name. Immigration injunctions, however, are specifically used to prevent the removal of a person from the country.
Injunctions usually have terms and restrictions. For example, an injunction may allow a person to remain in the country, but only until an appeal has been lodged or for a specific amount of time, if no appeal is lodged with the Home Office. In order for the Upper Tribunal to warrant such an injunction, it is necessary for your legal team to show that the removal would be unlawful or that it is not in keeping with current laws.
Time is of the essence when applying for an immigration injunction. One must be in place before the UKBA attempt to deport the individual, but this can still be done even during nights and at weekends, and an injunction can be sought if a family member or loved one has already been detained and prepared for removal.
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