All Articles: Deportation

Court 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, while interesting eno.. ...

17th May 2018 By

The 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. Factual... ...

3rd May 2018 By

Man in immigration detention for 45 months loses judicial review

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 undergoing almost four years of immigration detention, which the ...

7th November 2017 By

European Court of Human Rights condemns Spain for collectively deporting migrants

In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers surrounding the Spanish territory of Melilla breached their rights under Article 4 of Protocol 4 ECHR (prohibitio. ...

10th October 2017 By

CJEU on registration certificates and exclusion orders: implications for practice

Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypour ...

5th October 2017 By

Hospital orders and deportation

In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions ...

4th October 2017 By

Tribunal: Home Office must prove present risk to deport EU citizens

In the very recent case of Arranz (EEA Regulations - deportation - test) [2017] UKUT 294 (IAC) President McCloskey set out the correct approach to EU law deportations. The official headnote instructs us: (i) The burden of proving that a person repre.. ...

28th September 2017 By

Leaked immigration document suggests huge rise in European criminal deportation after Brexit

The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules as non-European nationals after Brexit. The UK Borders Act 2007 imposes a legal .. ...

13th September 2017 By

What is the law governing the deportation of EU nationals?

Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to them (and to British nationals who commit crime in European countrie... ...

23rd August 2017 By

What is the law on the deportation of 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 ... ...

27th July 2017 By

Secretary of State criticised by Court of Appeal for “confused” and “messy” legal analysis in deportation case

The Home Office has been criticised by the Court of Appeal for its “confused” and “messy” legal analysis in the matter of Secretary of State for the Home Department v Mosira [2017] EWCA Civ 407. The Secretary of State sought to apply refugee c ...

26th June 2017 By

Supreme Court rules “deport first, appeal later” is unfair and unlawful

In R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 the Supreme Court has struck down "deport first, appeal later" certificates for two foreign criminals. The Home Office had made use of new rules in the Immigrati... ...

14th June 2017 By

Serial criminal to be deported despite impact on his children

If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught again with a loaded gun and imprisoned, do not be surprised that only the most exceptional circumstances will . ...

15th July 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 T... ...

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 taki... ...

14th December 2015 By

Guest post: “serious irreversible harm” test case heard in Court of Appeal

This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came. ...

25th September 2015 By

The Law and Practice of Expulsion and Exclusion from the United Kingdom

Last night I was invited to the launch for a new practitioner text edited by Eric Fripp, The Law and Practice of Expulsion and Exclusion from the United Kingdom: Deportation, Removal, Exclusion and Deprivation of Citizenship. There were a number of e ...

21st January 2015 By

Damning deportation report

The National Audit Office has published a damning report on the UK's deportation process today. The numbers of foreign criminals deported have actually declined since 2008-09 despite a tenfold increase in the number of staff dealing with these cases . ...

22nd 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 Immigra ...

13th October 2014 By

More case law on prison and protection against deportation in EU law

Official headnote for MG (prison-Article 28(3) (a) of Citizens Directive) Portugal [2014] UKUT 00392 (IAC): (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previo.. ...

25th September 2014 By

Home Office official in court today

The Respondent does not accept the tribunal can reach its own conclusions about a [deportation] case.... Already a member? Login Thanks for reading You've reached your article limit A great deal of time and effort goes into producing the information o ...

26th August 2014 By

New Home Office guidance on deportation

The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it is essential reading for lawyers representin. ...

26th August 2014 By

Irreversible harm

From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for foreign criminals. She may do so in any case where she thinks r ...

21st August 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 Asyl. ...

28th July 2014 By

Difference between domestic and EU law on deportation

The luggage carousel of the tribunal's reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary legislation and the other under European Union law. The facts are very different but the c. ...

17th July 2014 By

Supreme Court: ILR not resurrected by revocation of deportation order

The Supreme Court has allowed the Secretary of State's appeal against the Court of Appeal judgment in the case of R (on the application of Fitzroy George) v Secretary of State for the Home Department [2014] UKSC 28. The Court of Appeal's judgment was. ...

15th May 2014 By

Criminals deported to DRC are at risk says High Court

In R (on the application of P (DRC) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin), handed down on 9 December 2013, Mr Justice Philips held that P would be at risk of treatment in breach of Article 3 of the ECHR if deported to . ...

10th December 2013 By

‘Form not substance’: Deport rules do not change the law

Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for "foreign criminals" but conceded the point within a day at the Court of Appeal. MF (Nigeria) v SSHD [2013] EWCA Civ 1192 makes clear that the Immigrat.. ...

22nd October 2013 By

On behalf of the Secretary of State for the Home Department

At two and three years old respectively, it is considered that x and y are of an age where they would be able to readjust to life without you.... Already a member? Login Thanks for reading You've reached your article limit A great deal of time and eff ...

24th August 2013 By

Vasconcelos (risk- rehabilitation) [2013] UKUT 00378 (IAC)

The tribunal isn't bound by a NOMS risk assessment report when it isn't high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant's representative who failed to comply with procedure rules and di.. ...

9th August 2013 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, it aim. ...

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 Row... ...

12th June 2013 By

Absence of legal aid may breach fair hearing

A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form 'link format' posts with no real commentary, but I wanted to highlight the case o. ...

9th April 2013 By

May be wrong

Theresa May this weekend launched a blistering and unprecedented attack on 'a minority of judges', accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, she said that: A minority think it is their role .. ...

18th February 2013 By

This instrument is drawn to the special attention of the House on the grounds it may inappropriately achieve its policy objective. House of Lords Secondary Legislation Scrutiny Committee, 6th Report of Session 2012-13, Statement of Changes in Immigr.. ...

17th February 2013 By

Controversial new human rights rules rejected

"I'm not making this up..." By Tomi Tapio K, on Flickr The Upper Tribunal has rejected the Government's attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced i.. ...

31st October 2012 By

Important new deportation cases

On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363 and concerns the interaction of family and immigration law. The second i ...

26th October 2012 By