- BY Colin Yeo
Upper Tribunal: deported person remains “liable to deportation”
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Not a huge surprise, this one. The official headnote for Williams (scope of “liable to deportation”) [2018] UKUT 116 (IAC):
(1) A person who has been deported under a deportation order that remains in force is a person who is liable to deportation within the meaning of section 3 of the Immigration Act 1971 and is therefore unable to bring himself within section 117B(6) of the Nationality, Immigration and Asylum Act 2002.
(2) By the same token, the fact that such a person has been deported does not mean he or she is thereby able to avoid the application of the considerations listed in section 117C.
For reference, section 117B(6) only applies to “a person who is not liable to deportation” and states that the public interest does not require a person’s removal in certain circumstances. This appellant had already been deported and was attempting to argue an out-of-country human rights case for re-entry.
It was certainly arguable that a person who has actually been deported no longer remains liable to deportation. One cannot receive two parallel deportation orders after all.
It might have done less violence to the statutory language to have observed that section 117B(6) only applies in removal cases and that this appeal did not involve removal.
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