- Another deportation appeal founders on the “unduly harsh” test
- Who counts as a “partner” for the purposes of deportation law?
- Having a British child “not necessarily a weighty factor” in deportation cases
- Risk of trauma for children not enough to prevent deportation
- What does “unduly harsh” mean in deportation cases?
Revocation challenge fails despite ten-year deportation delay
Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked. The case of FH v SSHD  EWHC 1482 considers this process and the applicable rules. The rules on revocation The Secretary ...22nd June 2020
What is an offence causing “serious harm”?
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  EWCA Civ 717. Sending a picture of your penis to a ...12th June 2020
Strasbourg approves deportation of Dutch-born man from the Netherlands
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane v The Netherlands (application no. 3138/16). The facts Mr Azerkane was born in the Ne ...9th June 2020
Another deportation appeal founders on the “unduly harsh” test
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation from a partner or child would amount to a breach of their hum ...17th April 2020
Deportation of Royal Marine with 14 years’ service upheld on appeal
In LE (St Vincent and the Grenadines) v SSHD  EWCA Civ 505 the Court of Appeal upheld a decision to deport a Royal Marine who had fought for this country in Iraq and Afghanistan over a 14-year career in the armed forces. It is difficult to imagi ...15th April 2020
Prison time doesn’t count as “residence” in establishing enhanced EU law protection against deportation
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor  EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases ...24th March 2020