Paulette Wilson

has lived in the UK since she was ten.

Now 61 years old, the UK Home Office is threatening to deport her back

to Jamaica, where she has nothing and knows no one.

In October, Ms

Wilson spent a week in Yarl’s Wood detention centre before being sent to the

immigration removal centre at Heathrow, the last stop before detainees are flown out of the country.  The only thing that saved her from this fate

is the last-minute intervention by her local MP and a charity.  She has now been allowed to go back home but must report to the Home Office in

early December, still faces removal and her benefits have not been reinstated.

How could this

happen?  Has the Secretary of State lost

all sense of perspective and, quite frankly, common decency?  And what steps can a person in Ms Wilson’s

position take to fight deportation?

Paulette Wilson’s story

Ms Wilson

arrived in the UK in 1968. Her mother

sent her to England for a better life.

Ms Wilson lived with her grandparents and has worked, paid taxes, and made

National Insurance contributions for 34 years.

She has led a blameless life and is a mother and a grandmother. For a period, she worked at the House of

Commons restaurant serving meals to MPs and security staff. Recently, according to The Guardian, she has

volunteered at her local church, making weekly meals for homeless people.

Unfortunately,

Ms Wilson is not alone. Many of the best

immigration solicitors in London and migrant rights charities are being increasingly contacted by people who

moved to the UK in the 1950s and 60s when

there was no requirement to formally apply for

leave to remain. Now, under Prime

Minister, Theresa May’s “hostile environment” for illegal immigrants, many

elderly people are being threatened with deportation as they have no

documentation to prove they have a legal right to be in the country.

Earlier this

month, the Maidenhead Advertiser advertised an urgent appeal on behalf of a 71-year-old

homeless woman, originally from Sierra Leone who was facing deportation,

despite having lived in the UK for over 50 years. The advert asked for former pupils of a

Maidenhead school who may be able to prove the woman has lived in Britain since

1966 to come forward.

It is believed the two women, and many others in

the same position have a legal right to stay in the UK because they moved here

before the Immigration Act 1971 gave people who had already settled in Britain

Indefinite Leave to Remain.

The options available to you if you are being threatened with deportation after being

in the UK for 50+ years

If you are in

the same position as Ms Wilson, there are options available to you to fight any

order for deportation. The most

important first step is to contact an immigration lawyer in London to ensure

you receive the best advice.

Option 1 – Appeal the deportation on

human rights grounds

If you can

establish you have a private and family life in the UK (and after 50+ years,

most people have), you can appeal the Home Office’s decision to deport you on

the grounds it breaches their obligations under Article 8 of the European

Convention on Human Rights.

The Immigration Rules, Part 13, para 390 lays down the

factors the court will consider when deciding whether to cancel a deportation order. An application for revocation will be

considered ‘in the light of all the circumstances’, including:

The grounds on which the deportation order was made

Any representations made in support of revocation

The interests of the community, including the maintenance of an effective immigration control

The interests of the applicant, including any compassionate circumstances

It is important to note that in July 2017, the Supreme Court ruled in R (on the application of Kiarie) v

Secretary of State for the Home Department; R (on the application of Byndloss)

v Secretary of State for the Home Department)<[2017] UKSC 42, [2017] All ER

(D) 70 (Jun) that the government policy of “deport now, appeal later” was

unlawful.This

means the Home Office is now unable to deport migrants who can show they have a

human rights claim until their appeal rights have been exhausted.

Option 2 – Judicial Review

If all

other legal options have been exhausted, it may be possible to bring a claim

for judicial review on the grounds that

the Secretary of State’s decision to deport you was unlawful or unreasonable.

Permission

to bring a judicial review claim is difficult to obtain. Even if leave is

granted, proving illegality or unreasonableness requires expert legal

advice and representation. However,

given the circumstances surrounding these cases of people being deported from the country they have

called home for half a century, a judicial review challenge may have a chance

of succeeding.

In summary

The cases

of people being pursued by immigration officials and stripped of their benefits

and right to health care after paying a

lifetime of taxes are truly

shocking. Many of the victims, who are

often from Commonwealth countries and came to the UK before the requirement to

apply for Indefinite Leave to Remain was

introduced, are elderly and vulnerable.

In Ms Wilson’s case, there is concern about the week she spent in

detention. It is unlawful to put a

person in detention without a realistic chance they will be removed from the country. Therefore, Ms Wilson, and others who have been placed in a similar situation may have a claim for damages against

the Home Office.

If you

are unsure of your right to reside in the UK, please get in contact with our

highly regarded immigration solicitors in London. We can assist you with collating the

documentation to prove your right to live in the UK and help you apply for

Indefinite Leave to Remain and/or British

Citizenship.

OTS Solicitors

has been highly ranked in the Legal 500

for immigration and human rights. Our

team has extensive experience in managing immigration appeals and judicial

review challenges. Contact our

immigration lawyers in London for the best advice and representation.

OTS Solicitors is one of the most respected immigration law firms in

London and is Legal 500 leading firm. By making an appointment with one of our

immigration solicitors, you can be assured

of receiving some of the best legal advice available in the UK today.