How to gather evidence in support of a non-EU deportation appeal
In this Free Movement post we provide detailed consideration of the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation.
It is adapted from our full online training course on deportation law, available to Free Movement members. The course covers deportation of both EU and non-EU citizens, with worked examples, deep dive analysis of legislation and case law and a bonus interview with Jawaid Luqmani on running a deportation appeal.
As a general point, when gathering evidence and information in deportation appeals, one should always bear in mind the legal framework. Every piece of evidence should be tied to statutory or other legally relevant considerations which are likely to have a bearing on the outcome of an appeal.
The first task of a lawyer, or even a friend assisting a person facing deportation, will be to check that any order under the automatic deportation provisions has been lawfully made. This means checking that no exemption (such as that applying to certain Commonwealth citizens under section 7 Immigration Act 1971, for example) or ‘strict’ exception applies in your client’s case (e.g. has refugee status, was under 18 at the date of conviction, etc).
Assuming that the notice has been lawfully made, and no exemptions or ‘strict’ exceptions apply, it will be necessary to take detailed instructions in relation to the statutory considerations listed in section 117B and section 117C, and then any other factors which may come down on the client’s side of the argument. Any assertion made by the person facing deportation will have to be supported by evidence, and detailed instructions should be taken on what steps will need to be taken to obtain it.