All Articles: Deportation
Risk of trauma for children not enough to prevent deportation
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 Parliament has decided… So held Lord Justice Baker, giving judgment in S ...
5th December 2019Child abuse victim given deportation reprieve
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 in particular on the meaning in section 117C(4) of the Nationality Immigrat ...
27th November 2019EU children can be lawfully resident in the UK without exercising treaty rights
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 the purposes of Article 8 of the European Convention on Huma ...
19th November 2019Old convictions very much count towards a new deportation order
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, the Court of Appeal has confirmed. The case is OH (Algeria) v Secr ...
24th October 2019What happens when a deportation order is served on a 17-year-old EEA national detained in prison?
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 all. So held Mr Justice Murray in R (Y ...
16th August 201912 years a litigant: Franco Vomero case returns to Supreme Court
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 [2019] UKSC 35. The facts Mr Vomero is Italian. He moved to the UK a ...
24th July 2019Win a deportation appeal? You can still be deported, Court of Appeal holds
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 of State for the Home Department [2019] EWCA Civ 1252, the Court of Appea ...
24th July 2019What does “unduly harsh” mean in deportation cases?
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 cases, overturning the decisions of both of the tribunals that had pr ...
17th July 2019Father of three with sickle cell disease faces deportation for drug offences after six-year appeal saga
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 years. It appears the case has finally been settled by the Court of Appeal – on i ...
9th July 2019Detention in a young offender institution can nullify enhanced protection against deportation
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 held. The case is Secretary of State for the Home Department ...
26th June 2019A concrete example of how to meet the “very compelling circumstances” deportation test
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 rights arguments that will sway judges in this notoriously difficult area ...
17th June 2019Refugee to be deported to Somalia after 30 years in UK following robbery conviction
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 UK, AM held several jobs at different times, had been married and had three estranged British chi ...
9th May 2019Yet more guidance on automatic deportation
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 statements from the Supreme Court in KO (Nigeria) and Others v Secretary of St ...
16th April 2019Migrants can be deported as “persistent offenders” even if crime-free for years
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 a crime for some time. The case is Binbuga (Turkey) v Secretary of State f ...
8th April 2019How new immigration regulations will make it easier to deport EU citizens after Brexit
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 citizens after Brexit. They will kick in on the date of ...
13th March 2019Briefing: how criminal convictions affect settled status for EU citizens
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 European Union countries will lose their existing lega ...
18th February 2019Blocking deportation: seven tips for an appeal-proof tribunal judgment
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 had those decisions overturned in the Court of Appeal. Free ...
28th January 2019Death of Polish man facing deportation highlights unaccountable culture at the Home Office
Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that ...
20th December 2018The irremovables: what happens to national security threats who cannot be deported?
The Home Office considers some foreign nationals living in the UK to be a threat to national security. Sometimes, to deport those individuals (as the government no doubt prefers) would be unlawful, because of how they would be treated on return to the ...
16th November 2018Supreme Court: bad behaviour by parent irrelevant to best interests of children
The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) ...
24th October 2018Permanent residence saves Polish man with two drug dealing offences from deportation
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 are precarious. In the absence of good reason to the contrary, rights should ...
14th September 2018How to gather evidence in support of a non-EU deportation appeal
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportatio ...
10th September 2018Tribunal overturned for ignoring public interest in deportation
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 (Pakistan) [2018] EWCA Civ 1598. MR, a citizen of Pakistan, entered the ...
27th July 2018Where are we at with out-of-country appeals? The aftermath of Kiarie and Byndloss
The new case of QR (Pakistan), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infam ...
9th July 2018Irish sex offender’s request to be deported denied
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 even if they are EEA nationals. The Court of Appeal ruled that the legisla ...
3rd July 2018Out-of-country appeals for EU citizens: the effect of Kiarie and Byndloss
In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a deputy High Court judge, had to deal with the effect of the famous case of Kiarie and Byndloss (discussed on Free M ...
15th June 2018Winning a deportation appeal: a good judge, on a good day
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 in which the court upheld a decision to deport a foreign criminal. In Secretary ...
6th June 2018Court of Appeal weighs in on “persistent offenders”
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”. Its discussion of the concept, ...
17th May 2018The public interest in deporting criminals: a triple threat
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factua ...
3rd May 2018