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Deportation and Expulsion

Some of the primary legislation

Some of our recent notable cases

R (on the app of JR (Jamaica)) v Secretary of State for the Home Department (2014)
Court of Appeal upheld earlier Tribunal decision that a Jamaican national convicted of murder should not be deported on refugeed and human rights grounds.
[2014] EWCA Civ 477 16/4/2014
Colin Yeo

MF (Nigeria) v Secretary of State for the Home Department (2013)
The judgment of the UT had been correct in it’s decision not to deport a foreign criminal. It was found that the Tribunal had conducted a meticulous assessment of the factors in favour of and against deportation and sufficient weight had been given to them.
[2013] EWCA Civ 1192 8/10/2013. Reported at (2014) 1 WLR 544 and (2014) INLR 18
Duran Seddon & Navtej Singh Ahluwalia

J1 v Secretary of State for the Home Department (2013)
It had been wrong for SIAC to leave the ultimate decision as to whether return would be safe to the Secretary of State where the Appellant had brought the issue before SIAC for determination, and in circumstances which would have the result of cutting down the Appellant’s rights.There was in reality at the time of the SIAC hearing an unacceptable risk of persecution on return contrary to Article 3.
[2013] EWCA Civ 279 27/3/2013
Stephanie Harrison

Rhomaine Mohan v Secretary of State for the Home Department (2012)
The Upper Tribunal had acted unlawfully in dismissing an appeal against deportation in circumstances where the deportee was engaged in extant family proceedings concerning the best interests of his child. In so holding the Court relied upon the procedural protection afforded by Article 8 ECHR and the submission that by dismissing the deportation appeal the Tribunal had impermissibly pre-empted and prejudiced the family proceedings. Unanimous judgment.
[2012] EWCA Civ 1363 23/10/12. Reported at [2013] Imm AR 210.
Adrian Berry

Peart v Secretary of State for the Home Department (2012)
Deportation appeal allowed on the basis that the immigration judge had failed to properly consider the appellant’s child’s best interests, failed to consider the best interests of all family members cumulatively and in the round, and had failed to give the appellant credit for evidence of positive change.
[2012] EWCA Civ 568 1/5/2012
Stephen Knafler QC & Alex Grigg

W (Algeria) & Ors v Secretary of State for the Home Department (2010)
Represented VV and PP in a challenge to the statutory exclusion of the common law right to an irreducible minimum standard of fairness in appeals against deportation in national security cases.
[2010] EWCA Civ 898 29/7/2010. Reported at (2012) 2 All ER 699.
Stephanie Harrison

Tshiteya, R (on the app of) v Secretary of State for the Home Department (2010)
Successful application for judicial review of a refusal of a fresh claim for asylum.
[2010] EWHC 238 (Admin) 1/2/2010
Peter Jorro

HH (Iraq) v Secretary of State for the Home Department (2009)
Case determined the unlawfulness of the Home Office approach to asylum seekers from active war zones. The ruling went on to affect many other cases requiring deportation decisions against Iraqi nationals to be withdrawn.
[2009] EWCA Civ 727 14/7/2009.
Mark Symes

N v Secretary of State for the Home Department (2005)
Article 3 ECHR and AIDS – whether AIDs victim should be returned to Uganda and thus deprived of life-saving treatment in UK.
[2005] UKHL 31 5/5/05. Reported at (2005) 2 AC 296.
Ian MacDonald QC, Rick Scannell, Femi Omere

N (Kenya) v Secretary of State for the Home Department (2004)
Weight to be attached to gravity of offence when deciding to deport applicant
[2004] EWCA Civ 1094 5/8/04. Reported at Times, September 13, 2004
Frances Webber

Hilal v UK (2001)
Deportation of applicant to Tanzania would be in breach of his human rights under Article 3 ECHR
European Court of Human Rights App No. 00045276/99 6/3/01
Nicola Rogers

Useful Links

Report entitled ‘Outsourcing Abuse’ investigating cases of alleged physical assault and racial abuse by private security firms involved in the deportation process.
UK Border Agency Immigration Rules: Deportation