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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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is it right that some who has been convicted for receiving

Customer Question

is it right that some who has been convicted for receiving prohibited goods and cultivation can be deported even though they have been in the country since the age of sixteen and is now of pension age, also bearing in mind that the cultivation was a plant two inches high in a plastic cup?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

received 30 months currently in prison being told will be deported. filled in lots of forms

Expert:  Jo C. replied 4 years ago.

A person convicted of a criminal offence capable of punishment by imprisonment can be a subject of a recommendation for deportation by the sentencing court.

Obviously its not for the sentencing court to deport.

If he received a sentence of less than 4 years then he can apply again in 10 years unless the continuation would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, or there are other exceptional circumstances that mean the continuation is outweighed by compelling factors.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

it was not a recommendation by the sentencing court. this is all coming from the prison service. what did you mean apply again in ten years they are 65 years old and been a resident here since 16. there is no one left in country of birth

Expert:  Jo C. replied 4 years ago.
In cases where no recommendation for deportation was made by the sentencing judge a foreign national should be considered for deportation if he received a prison sentence of longer than one year, or two years in the case of a European citizen. In deciding whether a foreign national should be deported after he has served his sentence the immigration authorities will take into account the offender’s age, his links to the UK and the seriousness of his offence.
Customer: replied 4 years ago.

release date on tag is in 6 months. will this happen while this is happening

Expert:  Jo C. replied 4 years ago.
He will still be released on tag. They could remove him using the early removal scheme I'm afraid.
Customer: replied 4 years ago.

if deported will they still receive state pension abroad as n. I. has been paid for 49 years

Expert:  Jo C. replied 4 years ago.
That quite a specialist pension question which isn't really my area. I know that entitled persons can claim from abroad sometimes.