In October 1990, Gardner was advised by police and the Home Office that she should leave the country voluntarily or risk deportation. In December 1990 she applied for a judicial review of her case which was turned down in April 1991. A notice of intention to deport was served on her in October 1991, which she subsequently appealed. During the appeal process a restriction order was applied requiring her to report regularly to local police. The Immigration Appeals Tribunal denied the appeal and a deportation order was issued in April 1992. Gardner was interviewed by immigration officials again in early June 1992, and reported to Stoke Newington police station later that month. A flight to Jamaica was arranged for Gardner in the summer of 1992, but she failed to attend at the airport, stating later that she had not received notification to do so. Her solicitor Djemal Dervish lodged a further appeal, citing "compelling compassionate circumstances".