Section 117C is found to be limited to deportation cases (i.e. where a deportation order is in issue) and not to be applicable in removal cases which happen to involve a foreign national offender. The case is Clarke (Section 117C – limited to deportation) [2015] UKUT 628 (IAC) and the headnote reads:

That section 117C of the Nationality, Immigration and Asylum Act 2002 is applicable only in deportation cases is made clear in section 117A(2) which, in directing the court or tribunal to the considerations involved when looking at the public interest question, clearly distinguishes between those cases that involve deportation from those that do not. Section 117A(2)(b) provides for a distinct category of cases, providing that, in considering the public interest question, the court or tribunal must have regardto the considerations listed in section 117C”in cases concerning the deportation of foreign criminals”.

Accordingly, irrespective of whether or not an appellant may fall within the definition of a “foreign criminal” in section 117D(2), the provisions of section 117C of the 2002 Act only apply in cases involving deportation.

Home Office appeal dismissed and original decision to allow the appeal upheld.