The Court of Appeal answers this question in the negative in Secretary of State for the Home Department v George [2024] EWCA Civ 1192. The
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing
The Court of Appeal has rejected the appeal against deportation of a woman who was sentenced to less than four years and who has lived
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those
This was the central question which arose in the context of an unlawful detention claim, initially dismissed by the High Court in Johnson v Secretary
You know it’s bad when there are so many mistakes in your determination that the appellate court judge decides he is only going to write
In Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 the Court of Appeal has allowed the Home Secretary’s appeal
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in
In BSG v R [2023] EWCA Crim 1041, the Court of Appeal quashed the convictions of a young Somali citizen, who suffered ‘a clear injustice’
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High
The unduly harsh test in deportation cases has been subject to litigation for years and we have written about it in several articles, most recently
Figures the Ministry of Justice was instructed to publish by the Office for Statistics Regulation show that just 8% of all deportation appeals lodged in
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged ten. The case is SC (Jamaica)
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In
Boris Becker, three-time Wimbledon champion and many people’s favourite German, has been sentenced to two and a half years’ imprisonment for offences under the Insolvency
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home
The Supreme Court has circulated a list of cases that it has agreed to hear on appeal in the coming months. The list includes two
The government has published its proposals for changing the Human Rights Act 1998. Not all the consultation questions will be of professional interest to immigration
A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the
In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation
Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for
A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held
In Sanambar v Secretary of State for the Home Department [2021] UKSC 2 the Supreme Court has dismissed the appeal against deportation of an Iranian
Non-EU citizens can potentially have a deportation order against them revoked where they have acquired or could acquire rights as family members of EU nationals.
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a
Interviewer: What do you think it means to be British? Mary: It is a passport. To be British now, I’m sorry to say this, but
In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be
A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong”
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that
Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from
In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has
Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need
In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is
Earlier this year the Court of Appeal looked at the meaning of an offence causing “serious harm” for the purposes of deportation law. Being convicted
The Court of Appeal answers this question in the negative in Secretary of State for the Home Department v George [2024] EWCA Civ 1192. The case also contains some procedurama* about points which can be raised on appeal not previously taken and considers the applicability of points said to be...
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing a criminal offence after 31 December 2020? This question was considered by the Upper Tribunal in Secretary of State for the Home Department v Vargova...
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an appeal against deportation? The question is important because of the very large difference in the protections afforded by the previous...
This was the central question which arose in the context of an unlawful detention claim, initially dismissed by the High Court in Johnson v Secretary of State for the Home Department [2022] EWHC 3120 (KB) and then again in the recently reported appeal in Johnson v Secretary of State for...
You know it’s bad when there are so many mistakes in your determination that the appellate court judge decides he is only going to write “[sic]” next to the really big ones. And even worse when this shade was thrown by LJ Underhill, Vice-President of the Court of Appeal, who...
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The law in this area is rent through with politics, shifting relentlessly with...
In BSG v R [2023] EWCA Crim 1041, the Court of Appeal quashed the convictions of a young Somali citizen, who suffered ‘a clear injustice’ after being ‘groomed, exploited and threatened’ [para 57] by a human trafficking gang in the UK. Background The applicant, “BSG”, had been convicted of possession...
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R (on the application of Thompson) v Secretary of State for the Home Department [2023] EWHC 2037 (Admin). The compensation scheme...
The unduly harsh test in deportation cases has been subject to litigation for years and we have written about it in several articles, most recently in relation to the Supreme Court case of HA (Iraq). The Court of Appeal has now published its judgment in Sicwebu v Secretary of State...
Figures the Ministry of Justice was instructed to publish by the Office for Statistics Regulation show that just 8% of all deportation appeals lodged in 2020/21 were allowed on human rights grounds only. The one-off statistical release follows from the consultation on Dominic Raab’s proposed Bill of Rights Act, which...
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation law, the justices have rejected three linked Home Office appeals seeking to reinstate deportation orders. The previous cases were, in reverse order, SC (Jamaica), Sanambar,...
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s....
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged ten. The case is SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15. The judgment covers the application of the concept of internal relocation to risk of...
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In practice, probably not. This seems to be the effect of the Court of Appeal’s decision in Gosturani v Secretary of State for the Home Department [2022]...
Boris Becker, three-time Wimbledon champion and many people’s favourite German, has been sentenced to two and a half years’ imprisonment for offences under the Insolvency Act 1986. Assuming Becker hasn’t acquired British citizenship, will he be deported following the conclusion of his custodial sentence? Automatic deportation The UK Borders Act...
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492,...
The Supreme Court has circulated a list of cases that it has agreed to hear on appeal in the coming months. The list includes two liberalising deportation rulings from the Court of Appeal, HA (Iraq) and AA (Nigeria) which we hoped had finally put this vexed area of law to...
The government has published its proposals for changing the Human Rights Act 1998. Not all the consultation questions will be of professional interest to immigration lawyers — for instance, there are sections on free speech and trial by jury — but some are specifically aimed at making it easier to...
A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal has decided. The case is Akinyemi v Secretary of State for the Home Department (unreported, DA/00574/2014). Remi Akinyemi was born in the UK in 1983....
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly harsh : Pakistan) [2020] UKUT 83 (IAC). Our unimpressed write-up of the...
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens when that sentence has been discounted due to an early guilty plea? Last year, in HA (Iraq) v Secretary of...
In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal involved a 52-year-old man, SM, who had been convicted of child...
Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, and the Home Office has specific guidance...
A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the child’s otherwise stable home life....
In Sanambar v Secretary of State for the Home Department [2021] UKSC 2 the Supreme Court has dismissed the appeal against deportation of an Iranian citizen who arrived in the United Kingdom aged nine in 2005. He had committed several knifepoint robberies as a teenager, between the ages of 14...
Non-EU citizens can potentially have a deportation order against them revoked where they have acquired or could acquire rights as family members of EU nationals. Such opportunities will continue to be relevant to a specific group of people for some years to come. This post will try to unravel this...
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and invites representations. The second stage is issuing the...
In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation. Not a great deal, concluded Lord Justice Lewis, giving the unanimous...
A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the Parole Board will allow. The case is R (Lopes) v Secretary of State for the Home Department & Anr [2021]...
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the UK based on their private life might not have a “particularly strong” claim due to criminal offending and time in...
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619. It concerns an...
Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable for the First-Tier Tribunal to hear an appeal...
In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nationality, Immigration and Asylum Act 2002. President Lane and...
Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The role of an appellate court when reviewing the findings of fact made by the court below sounds straightforward: it will only intervene if the findings...
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if they have a history of serious offending. In Munir Johanna v Denmark (application no. 56803/18) and Khan v Denmark (application...
In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is no “exceptional circumstances” test that applies in EU law to protect a non-EU national carer from deportation. The case involved a Jamaican woman who is...
Earlier this year the Court of Appeal looked at the meaning of an offence causing “serious harm” for the purposes of deportation law. Being convicted of such an offence is one of the ways a person can find themselves facing automatic deportation from the UK. The Upper Tribunal has now...
