Once the UK Border Agency has started this process, the person subjected to impending deportation can feel like their world is falling apart around them.
However, all is not lost as an immigration injunction can be sought.
Immigration injunctions are legally binding court orders where the process of removal started by the UK Border Agency is stopped.
Typically, the stopping of the removal process is until a full immigration review of that person’s case is completed.
The granting of an immigration injunction does not grant citizenship or give any indication of how positive the immigration review will be.
What the immigration injunction does is allow a person the time to properly prepare and present their case for the immigration review or mount an immigration appeal.
What is vital at this stage is that you get some specialist legal advice to make sure that your case has the best possible chance of success.
By using the service of a direct access immigration barrister you will have an expert in immigration law, both advising and representing you at any relevant hearings.
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 on weekends, and an injunction can be sought if a family member or loved one has already been detained and prepared for removal.