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 Guardian reports that the Home Office has agreed with Jamaica not to deport Jamaican citizens who arrived in the UK under the age of
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).
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,
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
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:
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
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
In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal
From next year there will be two categories of EEA national: Those who began their residence in the UK before 31 December 2020; and Those who began
If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the
In Mendes v Secretary of State for the Home Department [2020] EWCA Civ 924 the Court of Appeal considered the process for removing an EU
That is the question answered by the Upper Tribunal in SC (paras A398 – 339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC). The appellant
Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked.
This deceptively simple question was the subject of the Court of Appeal’s decision in the three joined cases reported as Mahmood v Upper Tribunal (Immigration
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet
In LE (St Vincent and the Grenadines) v SSHD [2020] EWCA Civ 505 the Court of Appeal upheld a decision to deport a Royal Marine
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC
When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was
How can a young man with Asperger syndrome and poor mental health, who has lived in the UK for the overwhelming majority of his life,
In asylum and criminal deportation and probably all areas of immigration, credibility is the key. Some of my own techniques for building credibility into a
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European
The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention
Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the
The Court of Appeal’s judgment in Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 is another reminder of the multiple
Last night a deportation flight took off for Jamaica, despite the protests of MPs and a last minute injunction that saw some removed from the
The Court of Appeal has given judgment in Akinyemi v SSHD (No 2) [2019] EWCA Civ 2098, a long-running appeal concerning the deportation of a
For those lawyers, like my Lord and myself, who have spent many years practising in the family jurisdiction, this is not a comfortable interpretation to
The Court of Appeal has given judgment in CI (Nigeria) v SSHD [2019] EWCA Civ 2027, providing further guidance on the law relating to the
The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can
Someone sentenced to more than four years’ imprisonment is in the most serious category of offender for the purposes of deportation law, no matter how
Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It
The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the
If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending?
In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning
The deportation case of a Nigerian man with sickle cell disease, resident in the UK for almost three decades, has been bouncing around the UK
Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail,
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...
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 Jamaica, scheduled for 2 December...
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 preclude judges from following the correct approach to assessing the proportionality...
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: Zulfiqar (‘Foreign criminal’ : British...
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 how difficult it can be to hold the...
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 where there has been no further...
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 “unduly harsh” test in...
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 about you comes up, you and your...
In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of HA (Iraq) v SSHD [2020] EWCA Civ 1176. It confirms that the “unduly harsh” test set out in KO (Nigeria)...
From next year there will be two categories of EEA national: Those who began their residence in the UK before 31 December 2020; and Those who began their residence in the UK after 31 December 2020. The law a person is subject to will depend on which category they fall...
In Mendes v Secretary of State for the Home Department [2020] EWCA Civ 924 the Court of Appeal considered the process for removing an EU citizen from the UK whilst they have a pending appeal against deportation. The legal issue is largely the same as in the recent case of...
That is the question answered by the Upper Tribunal in SC (paras A398 – 339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC). The appellant was convicted of murder and sentenced to 15 years’ imprisonment. So he is, by any reasonable definition, a criminal. He is a citizen of Albania...
This deceptively simple question was the subject of the Court of Appeal’s decision in the three joined cases reported as Mahmood v Upper Tribunal (Immigration & Asylum Chamber) & Ors [2020] EWCA Civ 717. Sending a picture of your penis to a 15-year-old girl and causing her to send an...
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane v The Netherlands (application no. 3138/16). The facts Mr Azerkane was born in the Netherlands to Moroccan parents. His parents...
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation from a partner or child would amount to a breach of their human rights. As confirmed by the Supreme Court...
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases as “deport first, appeal later”...
When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one particularly heated exchange regarding the enforcement of this rule, I recall a tedious and lengthy discussion about the meaning of...
How can a young man with Asperger syndrome and poor mental health, who has lived in the UK for the overwhelming majority of his life, be deported to Jamaica? The Voice newspaper reports on the case of Osime Brown, a 21-year-old man who the Home Office is trying to deport....
In asylum and criminal deportation and probably all areas of immigration, credibility is the key. Some of my own techniques for building credibility into a statement include: I “read” or “watch” the client’s narrative like a novel or a film. I then ask whatever question springs to mind to make...
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). Background: the deport first, appeal...
The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention was based was itself unlawful. In this case the deportation...
Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the UK. The case concerned an appeal brought by Mr Patel, an Indian citizen, against a decision to deport him following a 2016 conviction for money...
The Court of Appeal’s judgment in Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 is another reminder of the multiple layers of protection from deportation which EU citizens enjoy. In particular, it focuses on the importance of a properly reasoned decision by the First-tier Tribunal...
The Court of Appeal has given judgment in Akinyemi v SSHD (No 2) [2019] EWCA Civ 2098, a long-running appeal concerning the deportation of a man who was born in the UK in 1983, and has never left. In reversing (again) the decision of the Upper Tribunal to dismiss Mr...
For those lawyers, like my Lord and myself, who have spent many years practising in the family jurisdiction, this is not a comfortable interpretation to apply. But that is what Parliament has decided… So held Lord Justice Baker, giving judgment in SSHD v KF (Nigeria) [2019] EWCA Civ 2051, and...
The Court of Appeal has given judgment in CI (Nigeria) v SSHD [2019] EWCA Civ 2027, providing further guidance on the law relating to the deportation of foreign criminals, and in particular on the meaning in section 117C(4) of the Nationality Immigration and Asylum Act 2002 of “lawful residence”, “social...
The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Human Rights, even if they (or their EU citizen parents...
Someone sentenced to more than four years’ imprisonment is in the most serious category of offender for the purposes of deportation law, no matter how long ago that sentence was, the Court of Appeal has confirmed. The case is OH (Algeria) v Secretary of State for the Home Department [2019]...
Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It does not exclude them at all. So held Mr Justice Murray in R (Yuri Mendes) v Secretary of State for the Home Department [2019] EWHC...
The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35. The facts Mr Vomero is Italian. He moved to the UK and married a British citizen in...
If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending? In MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, the Court of Appeal considered this question and held that...
In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had previously heard the appeal. In this post we look...
Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail, the Court of Appeal has held. The case is Secretary of State for the Home Department v Viscu [2019] EWCA Civ 1052. EU deportation law...
