All Articles: Deportation

Supreme Court pronounces on “unduly harsh” deportation test, again

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 ...

21st July 2022 By

Challenge to “deport first, appeal later” process rejected

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. ...

28th June 2022 By

Supreme Court allows foreign criminal deportation case

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 co ...

16th June 2022 By

Foreign convictions in deportation appeals

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 Secr ...

14th June 2022 By

Will Boris Becker be deported?

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 ...

10th May 2022 By

Past British citizenship not enough to save murderer from deportation

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 f ...

22nd April 2022 By

Deportation law up for MORE revision: Supreme Court to hear appeal in HA (Iraq) case

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 thi ...

21st December 2021 By

What does the Human Rights Act consultation say about migrants’ rights?

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  ...

14th December 2021 By

Man who has never left the UK avoids deportation after seven-year legal battle

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). Rem ...

7th December 2021 By

The effect of deportation on children: Imran case reversed

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 ...

2nd December 2021 By

Early guilty plea saves 75-year-old woman from deportation to USA

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 y ...

22nd November 2021 By

Reconciliation with victim a factor against deportation

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 ...

9th November 2021 By

Can children be deported from the UK?

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, a ...

8th September 2021 By

Deportation of father not “unduly harsh” on child in loving home

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 ...

10th August 2021 By

Supreme Court dismisses deportation appeal of man living in UK since he was 9

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 robber ...

16th July 2021 By

Revocation of deportation orders under EU law after Brexit

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 ye ...

30th June 2021 By

Protections for EU citizens served with notice of deportation

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 i ...

29th June 2021 By

“My passport is just my way out of here”: the Brits affected by deportation

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 it is a passport. That is it. That is what being British means to me. I have lost faith in the country which I used to call ...

23rd June 2021 By

Rehabilitative work in the community no barrier to deportation

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, conclu ...

9th June 2021 By

Murderer’s bid to be deported foiled by extradition request

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 De ...

3rd June 2021 By

Criminality undermines strong private life case in deportation appeal

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 str ...

20th May 2021 By

Court of Appeal considers unduly harsh deportation test (again)

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 Departmen ...

13th May 2021 By

Judges can decide after the hearing whether an out-of-country appeal is fair

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 f ...

6th May 2021 By

Ignore what the Immigration Rules say about deportation, Upper Tribunal says

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 Nat ...

16th February 2021 By

Deportation appeal not a “dress rehearsal” says Court of Appeal

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 ...

27th January 2021 By

Minor offence can trigger deportation, human rights court confirms

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 D ...

21st January 2021 By

Supreme Court: no additional “exceptional circumstances” test in Zambrano deportation cases

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 depor ...

16th December 2020 By

Is carrying a knife enough to get you deported?

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 depor ...

15th December 2020 By

New unofficial policy on deporting Jamaicans who arrived as children reported

The Guardian reports that the Home Office has agreed with Jamaica not to deport Jamaican citizens who arrived in the UK under the age of 12. The scope of the reported agreement is unclear: it arises in the context of an upcoming deportation flight to ...

30th November 2020 By

UK breached European convention in deporting man without proper human rights assessment

It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t pr ...

25th November 2020 By

UK-born murderer to be deported after renouncing British citizenship

A key tenet of UK deportation law is that British nationals cannot be deported: section 3(5) of the Immigration Act 1971. And yet, Sajid Zulfiqar, a man born British in the UK, will, barring any further appeals, be deported to the land of his fathers: ...

23rd November 2020 By

Man assured he wasn’t being deported is, in fact, being deported

When a client argues “but the Home Office told me…”, things usually go downhill pretty quickly. If it wasn’t in writing, it didn’t happen! Emiantor v Secretary of State for the Home Department [2020] EWCA Civ 1461 is a classic example of ...

17th November 2020 By

Government can deport people who had successfully appealed against deportation

Last year, Nick wrote up the case of MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, summarising it as follows: If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even ...

4th November 2020 By

The comeback continues: Court of Appeal blocks another deportation

In KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 the Court of Appeal followed the recent decisions of HA (Iraq) v SSHD [2020] EWCA Civ 1176 and AA (Nigeria) v SSHD [2020] EWCA Civ 1296 on the interpretation of the ...

30th October 2020 By

Strasbourg reiterates importance of access to justice in national security deportation cases

Imagine being accused of a crime. Now imagine you’re not told what that crime is. Then imagine a whole trial taking place without you being told what you’ve done and without you seeing any documents to prove it. Every time the top-secret evidence ...

22nd October 2020 By
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