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the intention to enforce the order is notified to the person. He has a right of appeal against removal but solely on the ground that on the facts of the case there is in law no power to remove him from the United Kingdom.
Arrangements for removal
154. Provision is made in the Act for removal from the United Kingdom of a person against whom a deportation order has been made. The power should be exercised so as to secure the person's return to the country of which he is a national, or which has most recently provided him with a travel document, unless he can show that another country will receive him notwith- standing his deportation from the United Kingdom; but, in considering any departure from the normal arrangements, regard should be had to the public interest generally, and to any additional expense that may fall on public funds. The person is to be notified of his right to appeal against the removal directions on the ground that he ought to be removed (if at all) not to the country named in the directions but to a different country or territory specified by him.
Revocation of deportation orders
155. Revocation of a deportation order does not entitle the person con- cerned to re-enter the United Kingdom; it renders him eligible to qualify for admission under the Immigration Rules. Application for revocation of the order may be made to the entry clearance officer or direct to the Home Office. Where the application for revocation is refused there is a right of appeal, in the first instance to an adjudicator unless the order was made against a person as belonging to the family of another person, in which case it lies to the Tribunal. But no appeal lies where the Secretary of State personally decides that continued exclusion from the United Kingdom is conducive to the public good, nor so long as the person is in the United Kingdom. Where an appeal does lie the right of appeal will be notified at the same time as the decision to refuse to revoke the order.
156. Applications for the revocation of a deportation order will be care- fully considered in the light of the grounds on which the order was made and of the case made in support of the application. The interests of the community, including the maintenance of an effective immigration control, are to be balanced against the interests of the applicant, including any circumstances of a compassionate nature. In the case of an applicant with a serious criminal Record continued exclusion, for a long term of years, will normally be the proper course. In other cases revocation of the order will not normally be authorised unless the situation has been materially altered either by a change of circumstances since the order was made or by fresh information coming to light which was not before the court that made the recommendation or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also, in itself, amount to such a change of circum- stances as to warrant revocation of the order. Since so much depends on other relevant circumstances, it is not practicable to specify periods as appropriate in relation to particular grounds of deportation. All applications for revocation will be carefully considered when made but save in the most exceptional circumstances the Secretary of State will not revoke a deportation order which has been in force for less than 3 years.
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