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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
