Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of […]
The electronic monitoring of foreign national offenders is riddled with flaws which can be traced back to Home Office underfunding and inefficiency, an independent report has found. The Chief Inspector of […]
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In practice, probably not. This seems […]
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? […]
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens […]
A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the […]
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the […]
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. […]
Anna Delvey (née Sorokin) is perhaps the most (in)famous con artist in the world. After bluffing her way into New York high society, she was eventually caught out, convicted of […]
The High Court has upheld the continued detention of an Indian national in a Category B prison on the basis of a high risk of absconding and serious criminal convictions, […]
Earlier this year the Court of Appeal looked at the meaning of an offence causing “serious harm” for the purposes of deportation law. Being convicted of such an offence is […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere with an individual’s rights. Privileges […]
In a deeply unsurprising turn of events (see posts passim), the Court of Appeal has overturned a favourable deportation decision in Secretary of State for the Home Department v MR […]
R (Connell) v Secretary of State for the Home Department [2018] EWCA Civ 1329 is about whether the Home Secretary has a duty, imposed by Parliament, to deport foreign criminals […]
Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 […]
The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending […]
The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on the definition of “persistent offenders”. […]
In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength […]
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the […]
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. […]
The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr […]
Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran […]
The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up crime, the Independent Chief Inspector […]
Ndidi v the United Kingdom (Application no. 41215/14) had the beginnings of a tabloid splash. A Nigerian national convicted of drug dealing, who had lived in the UK since the age […]
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. […]