Appeal Court rules on deportation test case

Tuesday 15 October 2013

On 8 October 2013, the Master of the Rolls handed down Judgment in MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192, the test case on the interpretation of the new Immigration Rules relating to Article 8 ECHR and the deportation of 'foreign criminals'.

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The Court of Appeal held that the Rules had to be interpreted consistently with the standards and principles governing Article 8 decided by the Strasbourg jurisprudence. On the facts, it held that the Upper Tribunal had not erred in deciding that it would not be proportionate to deport MF.

Duran Seddon and Navtej Singh Ahluwalia represented MF. They were instructed by Wilson Solicitors LLP, and led by Raza Husain QC.

For a detailed case note and commentary on the judgment, click here.

To read the judgment in full, click here.

Duran Seddon and Navtej Singh Ahluwalia are both members of the Garden Court Immigration Team.

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