All Articles: Very compelling circumstances

Deportation of Royal Marine with 14 years’ service upheld on appeal

In LE (St Vincent and the Grenadines) v SSHD [2020] 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 By

How can a man with Asperger syndrome who grew up in Britain be deported?

How can a young man with Asperger syndrome and poor mental health, who has lived in the UK for the overwhelming majority of his life, be deported to Jamaica? The Voice newspaper reports on the case of Osime Brown, a 21-year-old man who the Home Office ...

11th March 2020 By

Old 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 2019 By

Father 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 2019 By

A 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 2019 By

Yet 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 2019 By

Winning 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 2018 By

Court of Appeal upholds deportation of foreign criminal (again)

In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions ...

12th April 2018 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