Key Posts on Deportation

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EU deportation protections after Brexit

From next year there will be two categories of EEA national: Those who began their residence in the UK before 31 December 2020; and Those who began their residence in the UK after 31 December 2020. The law a person is subject to will depend on whi ...

24th September 2020 By

Major Court of Appeal judgment revisits “unduly harsh” test and other key concepts

If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord Jus ...

8th September 2020 By

Happy birthday from the Home Office: you’re being deported

In Mendes v Secretary of State for the Home Department [2020] EWCA Civ 924 the Court of Appeal considered the process for removing an EU citizen from the UK whilst they have a pending appeal against deportation. The legal issue is largely the same as ...

4th August 2020 By

Briefing: what is the law on deporting non-EU foreign criminals and their human rights?

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 foreign criminals is in the public interest. The law ...

2nd July 2020 By

When is a foreign criminal not a foreign criminal?

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 sentenced to 15 years’ imprisonment. So he is ...

22nd June 2020 By

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 [2020] EWHC 1482 considers this process and the applicable rules. The rules on revocation The Secretary ...

22nd June 2020 By