149. In some cases it may be relevant to take into account the possibility of the eventual return of members of the family to the United Kingdom after deportation. When a child reaches 18 he will cease to be subject to the deportation order and it will be open to him to qualify for re-admission under the Immigration Rules. The wife would cease to be subject to the order if the marriage came to an end, and could similarly qualify for re-admission; but has return would otherwise be dependent on revocation of the order made against her or her husband.
Asylum
150. In accordance with the provisions of the Convention and Protocol relating to the Status of Refugees, a deportation order will not be made against a person if the only country to which he can be removed is one to which he is unwilling to go owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular group or political opinion.
Procedure
151. When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned, in accordance with the Immigration Appeals (Notices) Regulations 1972, informing him of the decision and of his right of appeal or facility to make representations in the case of the security and political cases subject to the advisory procedure. There is power for the Secretary of State to make a detention order, or an order restricting a person as to residence and requiring him to report to the police, pending any appeal. Where a person is detained pending an appeal, he may apply to an adjudicator for release on bail. If a notice of appeal is given within the period allowed, a summary of the facts of the case on the basis of which the decision was taken will be sem to the appellate authorities, who will notify the appellant of the arrangements for the appeal to be heard.
Submission of deportation order for signature
152. If no appeal is lodged within the prescribed time limit, or if the appeal is dismissed, the order for deportation will be submitted to the Secretary of State for his signature. The submission will include a summary of the facts of the case, written confirmation (where appropriate) that the appellate author- ities have dismissed the appcal and a note of any other relevant information. whether or not it was available to the courts or the appellate authorities. In a case of deportation on security or political grounds the opinions of the advisers (see paragraph 135) will be submitted to the Secretary of State for his consideration.
Returned deportces
153. Where a person returns to this country notwithstanding that a depor- tation order is in force against him, he may lawfully be deported under the original order and it will normally be right to deport him. But every such case is to be considered in the light of all the relevant circumstances before
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