Updates, commentary, training and advice on immigration and asylum law

Podcast: when is deportation “unduly harsh”?


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Do you know your PG (Jamaica) from your HA (Iraq)? Our coverage of deportation decisions over the past few years has felt non-stop, with the courts pumping out judgments sending the law in different directions. In particular, the legal test for when deportation will be “unduly harsh” on family members left behind has been subject to intense, and often contradictory, judicial analysis.

Thankfully, things have now settled down a bit, so it’s a good time to take stock of where we’re at with the “unduly harsh” test in 2021. I spoke to Nick Nason of Edgewater Legal, who has written up all the big deportation cases for Free Movement in recent times. Listen to the podcast in your browser above or search for us on iTunes or Spotify or wherever you get your audio.

PS: The presenters of all the other podcasts I listen to are forever asking for listeners to give the show a rating, and while I have no idea how to do that, some people have obviously figured it out because we have 4.6 stars on iTunes. If you feel inclined to add to that, we’d be grateful.

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CJ McKinney

CJ McKinney is a specialist on immigration law and policy. Formerly the editor of Free Movement, you will find a lot of articles by CJ here on this website! Twitter: @mckinneytweets.