LAW

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Legal Terms - removal from the country
the expulsion of a foreign national from a state. In the United Kingdom, this is permissible for individuals who lack the *right of abode as stipulated by the Immigration Act 1971 (modified by the Immigration and The UK Borders Act (2007), the Asylum Act 1999, and the Nationality, Immigration, and Asylum Act 2002. A foreign national may be ordered to leave the country under five different circumstances: if he has overstayed or violated a condition imposed on his permission to stay; if a court, upon his conviction for a crime that carries a jail sentence (he must be 17 years of age or older), if the Secretary of State determines that his deportation would be in the best interests of the public; or if another member of his family is deported. Unless the person served with the order is deemed to pose a threat to national security, appeals against deportation orders must be filed with the *Immigration and Asylum Tribunal. In this instance, the Special Immigration Appeals Commission (SIAC), which was founded under the Special Immigration Appeals Commission Act 1997, must hear the case. The right of appeal is restricted by the Immigration Act 1988 for individuals who have violated a condition or restriction on their permission to enter the UK. Additional authority to order individuals in the UK without permission to leave has been granted by the Immigration and Asylum Act 2000, the Nationality, Immigration and Asylum Act 2002, and the Immigration, Asylum and Nationality Act 2006; these powers apply to situations in which individuals have overstayed, obtained false documentation of their right to remain, or were never granted permission to remain. According to existing agreements with EU member states, the legislation also permits the repatriation of asylum seekers (R v. Secretary of State for the Home Department, ex p. Khan [1995] 2 All ER 540 (CA)). Deporting someone to a nation where they run the risk of torture is strictly forbidden by the *European Convention on Human Rights. When a state terminates a person's legal right to remain, the word *expulsion is typically preferred in international law to deportation.


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