All Articles: 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 “unduly harsh” test in deportation cases. The...

30th October 2020
BY Nick Nason

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...

22nd October 2020
BY Bilaal Shabbir

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) v SSHD [2018]...

12th October 2020
BY Nick Nason

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 into. Family members of...

24th September 2020
BY Iain Halliday

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 Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord...

8th September 2020
BY Nick Nason

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...

4th August 2020
BY Iain Halliday

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...

22nd June 2020
BY Iain Halliday

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. The case of FH v SSHD [2020] EWHC 1482 considers this process and the applicable rules. The rules on revocation The Secretary of State has...

22nd June 2020
BY Nick Nason

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...

12th June 2020
BY Iain Halliday

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...

9th June 2020
BY Bilaal Shabbir

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...

17th April 2020
BY Nick Nason

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 who had fought for this country in Iraq and Afghanistan over a 14-year career in the armed forces. It is difficult to imagine that the...

15th April 2020
BY Nick Nason

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” must...

24th March 2020
BY Iain Halliday

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...

20th March 2020
BY Nick Nason

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....

11th March 2020
BY Nath Gbikpi

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...

10th March 2020
BY Anita Vasisht

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...

9th March 2020
BY Iain Halliday

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...

26th February 2020
BY Colin Yeo

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...

25th February 2020
BY Nick Nason

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...

18th February 2020
BY Bilaal Shabbir

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 plane. Many of the Jamaican citizens involved grew up in the UK — such as the man who has been here since the age of...

11th February 2020
BY Colin Yeo

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...

12th December 2019
BY Nick Nason

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...

5th December 2019
BY Nick Nason

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...

27th November 2019
BY Nick Nason

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...

19th November 2019
BY Ben Amunwa

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]...

24th October 2019
BY CJ McKinney

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...

16th August 2019
BY Alison Harvey

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...

24th July 2019
BY John Vassiliou

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 the...

24th July 2019
BY Nick Nason

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...

17th July 2019
BY Nick Nason

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 court system for over six years. It appears the case has finally been settled by the Court of Appeal – on its second visit –...

9th July 2019
BY Nick Nason

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 A...

26th June 2019
BY CJ McKinney

The Court of Appeal has upheld the appeal against deportation of a man sentenced to five years’ imprisonment, in the process providing a good example of the kind of human rights arguments that will sway judges in this notoriously difficult area of law. The court reiterated the high threshold that...

17th June 2019
BY Iain Halliday

The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in the UK, AM held several jobs at different times, had been married and had three estranged British children. He also...

9th May 2019
BY Colin Yeo

The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on statements from the Supreme Court in KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53,...

16th April 2019
BY Alex Schymyck

The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA...

8th April 2019
BY CJ McKinney

The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of European Economic Area and Turkish citizens after Brexit. They will kick in on the date of Brexit, if there is no deal, or at the...

13th March 2019
BY CJ McKinney

The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal status in this country after it leaves the EU. EU citizens who...

18th February 2019
BY Colin Yeo

The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial tribunal appeals against deportation have had those decisions overturned in the Court of Appeal. Free Movement has covered cases like this multiples times in recent...

28th January 2019
BY Nick Nason

Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that he would be detained...

20th December 2018
BY Colin Yeo
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