All Articles: Deportation

Upper Tribunal considers when EEA nationals should be readmitted to UK to attend own deportation appeal hearings

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 that decision to deport. This has become known as “deport first, appe ...

19th January 2016 By

Court of Appeal considers EU deportation, public revulsion and “imperative grounds”

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 relevant to decisions to deport under EU law. The facts Two c ...

6th January 2016 By

When might deportation orders be revoked before 10 years is up?

Background The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking p ...

14th December 2015 By

Coming home to Jamaica: Home Office publishes guide for deportees

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 and crass. Information on emergency acommodation on arrival is provided but the guide g ...

3rd December 2015 By

“Slavish” lodging of appeals against deportation determinations deplored by President of Upper Tribunal

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 on the correct appro ...

23rd November 2015 By

Meaning of “unduly harsh” in the Immigration Rules

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 the Immigration Rules, which reads: ...

16th November 2015 By

Court of Appeal gives judgment on the “deport first, appeal later” regime

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 is R (On the Application Of Kiarie) v The Secretary of State for the Hom ...

27th October 2015 By

Does the Human Rights Act prevent us deporting serious criminals?

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. Some appeals against deportation decisions do succeed on human rights grounds. Not m ...

26th May 2015 By

Upper Tribunal on meaning of very compelling circumstances

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 : approach : Kenya) [2015] UKUT 165 (IAC). The determination seems very deepl ...

20th April 2015 By

Operation Nexus for dummies: happening now, in our time

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 when he was 3, about 27 years ago. He holds Indefinite Leave to Remain in the ...

20th February 2015 By

Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally

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 Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by P ...

10th February 2015 By

Immigration Act 2014 Commencement Order No. 3: analysis

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 first blush it appears to bri ...

20th October 2014 By

Court of Appeal examines new human rights statute and rules

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 2014 human rights statutory considerations and the accompanying changes to the Imm ...

13th October 2014 By

Serious and irreversible harm and deportation appeals

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 require any appeal against deportation to be brought from abroad only, both in U ...

28th July 2014 By

Out of country deportation appeal certificates and existing appeals

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 17 of the Immigration Act 2014, amending into the Nationality, Immigration and Asylu ...

28th July 2014 By

Are the UK’s mass deportation charter flights lawful?

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 the campaign group Stop Deportations, i ...

29th July 2013 By

Operation Nexus

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 deal with and respond to foreign nationals breaking the law. AC Rowley ...

12th June 2013 By

The New Deportation Rules

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 under Article 8 will only succeed where the requirements ...

7th September 2012 By

New policy document on children

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 entitled Children and Family Process Instruction and specifically relates to the Cri ...

26th March 2010 By

BA (Nigeria) judgment

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 is certainly good news in terms of streamlining and ensuring that there is prop ...

2nd December 2009 By

Deportation of ‘foreigners’

This has been a sorry business. The background is that in mid 2006 it came to light that foreign prisoners serving sentences for crimes committed in the UK were not being considered for deportation at the end of their prison sentences. Instead, they w ...

10th April 2007 By