Conditional discharge, deportation, immigration advice

Hello Folks, a client has received a deportation liability notice 2 weeks after securing a conditional discharge from the Tribunal (this seems to be happening more and more, I’m not sure what’s afoot at the Home Office). I have approached every legal aid immigration firm and voluntary sector agency I can find within an ever expanding radius without success. It is a dreadful decision in this particular case. If anyone has any possible leads I could follow I would be very grateful. Client is in the South-East. Cheers, Neil

I am an academic teaching Mental Health Law on LLB- so have no practical knowledge. However, your post interested me, so have been reading around the subject (anything to distract me from marking assignments). Brenda
This might be of interest:

By Amar Ali, Immigration Solicitor November 27, 2020

Under the UK’s deportation rules, any non-EU migrant in the UK who has committed a crime leading to a prison sentence of between one and four years will be deported to their home country unless they can make a strong case based on the European Convention on Human Rights (ECHR). A sentence of more than four years will lead to automatic deportation. But what would happen if the offender has a diagnosed mental illness?

Dear Brenda,

Thank you very much for your reply and for the very helpful article - I feel like we have stepped in to a legal vacuum…it is proving impossible to get this client any representation or advice.



Thank you both for raising this. It is a really interesting topic and a sad reflection on the Home Office’s approach to patients. I have circulated the article to our Forensic Community team for information as it is relevant to any non-EU patients who may be considering applying to Tribunal. I look forward to reading any updates people chose to post.