When the home office dictates a person is to be removed from the country, the UK Border Agency has strict guidelines and timetables. This includes immigration removals stopped by injunction. Once the process begins, these guidelines can quickly find a person 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.
Appeals and Cases
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. As well as your team having the time to mount an appropriate case with the greatest chance of success.
An immigration 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. In many instances, ranging from domestic abuse orders. 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 immigration 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 until an appeal has been lodged or for a specific amount of time. This is if no appeal is lodged with the Home Office. For the Upper Tribunal to warrant such an injunction; your legal team to show the removal would not be 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. This can be done during nights and weekends. An injunction can be sought if a family member or loved one has already been detained and prepared for removal.