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 in the UK for almost […]
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 […]
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 […]
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 […]
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 in relation to an EEA […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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? […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
