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UK Law Reference
Full glossary
Legal term
Immigration & Asylum Law

Deportation

The compulsory removal of a non-British citizen from the UK, either because the Secretary of State deems it conducive to the public good, or following conviction for an offence with a court recommendation for deportation. Governed by s.3(5)-(6) Immigration Act 1971.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

The core power is set out in the Immigration Act 1971: 'A person who is not a British citizen is liable to deportation from the United Kingdom if— (a) the Secretary of State deems his deportation to be conducive to the public good; or (b) another person to whose family he belongs is or has been ordered to be deported.' A separate, conviction-based route also exists: a non-British citizen 'shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.'

The 'conducive to the public good' power is not unlimited even on its own terms. The Act carves out certain protected categories: the Secretary of State 'may not deem a relevant person's deportation to be conducive to the public good' where doing so would breach the UK's obligations under specific post-Brexit citizens' rights agreements, including 'Article 20 of the EU withdrawal agreement' and 'Article 19 of the EEA EFTA separation agreement.' Home Office policy separately provides that the most serious foreign-offender cases — where someone has been sentenced to at least 12 months' imprisonment — are dealt with as 'automatic deportation' cases under the UK Borders Act 2007, while less serious conducive-grounds cases are assessed under the Immigration Rules instead.

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Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.