All Articles: Deportation

Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to […]

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23rd August 2017
BY nicknason

In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017) the excellent […]

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10th August 2017
BY Nick Nason

The Court of Appeal in GD (Ghana) [2017] EWCA Civ 1126 explained once again what effect residence orders granted by a Family Court have on immigration matters, and criticised both representatives […]

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8th August 2017
BY paulerdunast

In SSHD v SU [2017] EWCA Civ 1069 (20 July 2017) the Court of Appeal considered for the first time the unusual case of an individual who had been deported from […]

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7th August 2017
BY Nick Nason

The Home Office has been criticised by the Court of Appeal for its “confused” and “messy” legal analysis in the matter of Secretary of State for the Home Department v […]

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26th June 2017
BY Rebecca Carr

In R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 the Supreme Court has struck down “deport first, appeal later” certificates for two foreign […]

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14th June 2017
BY colinyeo

By the tone of this judgment, the Court of Appeal in SSHD v RF (Jamaica) [2017] EWCA Civ 124 appears to be suffering from deportation fatigue, considering ‘yet another case’ [1] involving a […]

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25th May 2017
BY nicknason

The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging […]

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15th May 2017
BY Nick Nason

Operation Nexus was officially launched in November 2012, a law enforcement initiative aimed at deporting more ‘high harm’ foreign nationals. It has been criticised on many occasions for its opacity, […]

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24th April 2017
BY nicknason

Well, that did not take long. The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided […]

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18th April 2017
BY Colin Yeo

The case of Akinyemi v SSHD [2017] EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country he has never left. It […]

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11th April 2017
BY Nick Nason

In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship) [2017] UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of […]

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4th April 2017
BY Nick Nason

In the cases of Hesham Ali [2016] UKSC 60 and Makhlouf [2016] UKSC 59 the Supreme Court has, finally, given guidance the correct approach to the determination of appeals against deportation […]

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24th November 2016
BY Colin Yeo

The Supreme Court has handed down the long awaited judgments in Makhlouf v Secretary of State for the Home Department [2016] UKSC 59 on the impact of deportation on affected children […]

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16th November 2016
BY Colin Yeo

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under […]

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3rd October 2016
BY Colin Yeo

The Court of Appeal has given further guidance on the convoluted and badly drafted statutory presumptions on human rights in UK law. Trying to make sense of interlocking provisions in […]

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3rd August 2016
BY Colin Yeo

If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught again with a loaded gun […]

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15th July 2016
BY Paul Erdunast

BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against deportation orders on Article 8 […]

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29th April 2016
BY Chris McWatters

As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the fundamental error of the Justice […]

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25th April 2016
BY Chris McWatters

The Court of Appeal has in the case of Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13 rejected the Home Secretary’s efforts to deport an […]

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25th February 2016
BY Colin Yeo

In 2014 the Home Office amended the UK’s rules on EU law deportation cases to allow a deportation to go ahead before an EEA national completes any appeal process against […]

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19th January 2016
BY Colin Yeo

In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally […]

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6th January 2016
BY Colin Yeo

Page contentsBackgroundImmigration Rules on revocationParagraph 390Paragraph 390AParagraph 391Paragraph 391AParagraph 392Conclusion Background The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some […]

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14th December 2015
BY Colin Yeo

The Home Office has published a guide called Coming Home to Jamaica for Jamaican nationals being deported or removed from the UK to Jamaica. It is a mix of useful […]

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3rd December 2015
BY Colin Yeo

In Greenwood (No. 2) (para 398 considered) [2015] UKUT 629 (IAC), the “Empire Strikes Back” style sequel to Greenwood (Automatic Deportation: Order of Events) [2014] UKUT 342 (IAC), President McCloskey gives guidance […]

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23rd November 2015
BY Colin Yeo

A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of […]

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16th November 2015
BY Colin Yeo

The Court of Appeal has given judgment in the test case on the meaning and effect of the “deport first, appeal later” provisions of the Immigration Act 2014. The case […]

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27th October 2015
BY Colin Yeo

It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. […]

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26th May 2015
BY Colin Yeo

The latest from the Upper Tribunal on the statutory presumptions on human rights cases introduced by the Immigration Act 2014 is the case of Chege (section 117D : Article 8 : […]

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20th April 2015
BY Colin Yeo

Two men are suspected of robbing a bank. Let’s call them Ken, a British national, and Boris, a non-British national. Boris arrived in the UK from somewhere in the Caucasus […]

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20th February 2015
BY Nick Nason

The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of […]

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10th February 2015
BY Andrew Eaton

Even aside from the issue of an unpublished law purporting to have any effect, the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (SI 2014/2711) is a dog’s breakfast. At […]

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20th October 2014
BY Colin Yeo

In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act […]

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13th October 2014
BY Colin Yeo

Today the new out of country deportation appeal provisions of the Immigration Act 2014 came into force, at least in part. The new regime enables the Secretary of State to […]

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28th July 2014
BY Colin Yeo

From today the Secretary of State has the power to certify deportation appeals so as to permit them only to be brought from abroad. The power is introduced by section […]

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28th July 2014
BY Colin Yeo

The London-based research group Corporate Watch has just published a 20-page briefing examining the lawfulness the UK’s mass deportation charter flights. Part of a forthcoming report by Corporate Watch and […]

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29th July 2013
BY Shiar Youssef

The Met Police website tells us that: Operation Nexus, designed and delivered by the MPS and UKBA, aims to maximise intelligence, information and world wide links to improve how we […]

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12th June 2013
BY Sarah Pinder

From 9 July 2012 the UKBA’s new rules on deportation took effect and should be retrospective, paragraph A362 stating ‘Where Article 8 is raised in the context of deportation…the claim […]

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7th September 2012
BY Iain Palmer

A new previously undisclosed UKBA policy on children has come to light, brought to you courtesy of the Freedom of Information Act and What Do They Know? The policy is […]

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26th March 2010
BY Free Movement

Following on from my earlier alerter post, I’ve now had time to properly read and start digesting the Supreme Court judgment in BA (Nigeria) v SSHD [2009] UKSC 7. It […]

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2nd December 2009
BY Colin Yeo
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