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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I currently have a friend in huigh down prison serving

Customer Question

hello
i currently have a friend in huigh down prison serving a sentence for supplying class A and is serving a two and a half year sentence after being removed form cat b to a cat c getting a job inside etc. he has been told that they are looking to deport him back to south africa
he is a british citizen but born in SA do we have a foot to stand on ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Maternal side is british
paternal side South african
Engaged to a british Female
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.If a person is serving a sentence of more than 12 months then deportation is automatic now.The only way to resist that mandatory response is under the Human Rights Act – most commonly relied upon if a person has family ties in the UK. That does not always work. It depends on the closeness of the relatives. However it is a challenge that can be brought and it is the only one.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Family ties being that the whole maternal side is English, his mum, uncle, nan, fiancée had been in the country since 11
Customer: replied 1 year ago.
He currently owns a UK passport. his maternal side also owns a British birth certificate and a UK passport, including his mums mother (who possess the same documents). he is a British citizen who is engaged to a UK citizens with a UK passport and birth certificate. Surely this makes him excempt from deportation?
Expert:  Jo C. replied 1 year ago.
There are no exemptions. Deportation is mandatory.this is the basis of a challenge under the hra but it is not the best. Usually they are looking for people with children in the uk.