https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Fri, 22 Jul 2022 09:39:48 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/supreme-court-pronounces-on-unduly-harsh-deportation-test/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-pronounces-on-unduly-harsh-deportation-test Thu, 21 Jul 2022 09:40:00 +0000 https://env-7121714.mightybox.site/?p=168873 In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation law, the justices have rejected three linked Home Office appeals seeking to reinstate deportation orders. The previous cases were, in reverse order, SC (Jamaica), Sanambar, Rhuppiah and KO (Nigeria). That’s […]]]> https://freemovement.org.uk/deportation-law-up-for-more-revision-as-supreme-court-agrees-to-hear-appeal-in-ha-iraq-case/?utm_source=rss&utm_medium=rss&utm_campaign=deportation-law-up-for-more-revision-as-supreme-court-agrees-to-hear-appeal-in-ha-iraq-case https://freemovement.org.uk/deportation-law-up-for-more-revision-as-supreme-court-agrees-to-hear-appeal-in-ha-iraq-case/#comments Tue, 21 Dec 2021 10:30:00 +0000 https://env-7121714.mightybox.site/?p=162164 The Supreme Court has circulated a list of cases that it has agreed to hear on appeal in the coming months. The list includes two liberalising deportation rulings from the Court of Appeal, HA (Iraq) and AA (Nigeria) which we hoped had finally put this vexed area of law to bed. No such luck: we are […]]]> https://freemovement.org.uk/deportation-law-up-for-more-revision-as-supreme-court-agrees-to-hear-appeal-in-ha-iraq-case/feed/ 1 https://freemovement.org.uk/the-effect-of-deportation-on-children-imran-case-reversed/?utm_source=rss&utm_medium=rss&utm_campaign=the-effect-of-deportation-on-children-imran-case-reversed Thu, 02 Dec 2021 12:30:00 +0000 https://env-7121714.mightybox.site/?p=161707 In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly harsh : Pakistan) [2020] UKUT 83 (IAC). Our unimpressed write-up of the Imran decision at the time […]]]> https://freemovement.org.uk/reconciliation-with-victim-a-factor-against-deportation/?utm_source=rss&utm_medium=rss&utm_campaign=reconciliation-with-victim-a-factor-against-deportation Tue, 09 Nov 2021 09:00:00 +0000 https://env-7121714.mightybox.site/?p=161252 In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal involved a 52-year-old man, SM, who had been convicted of child cruelty against his step-son. This led […]]]> https://freemovement.org.uk/deportation-of-father-not-unduly-harsh-on-child-in-loving-home/?utm_source=rss&utm_medium=rss&utm_campaign=deportation-of-father-not-unduly-harsh-on-child-in-loving-home Tue, 10 Aug 2021 11:30:00 +0000 https://env-7121714.mightybox.site/?p=158524 A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the child’s otherwise stable home life. The case is Reid v […]]]> https://freemovement.org.uk/court-of-appeal-considers-unduly-harsh-deportation-test-again/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-considers-unduly-harsh-deportation-test-again Thu, 13 May 2021 11:30:00 +0000 https://env-7121714.mightybox.site/?p=153460 The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619. It concerns an Albanian national who was granted […]]]> https://freemovement.org.uk/ignore-what-the-immigration-rules-say-about-deportation-upper-tribunal-says/?utm_source=rss&utm_medium=rss&utm_campaign=ignore-what-the-immigration-rules-say-about-deportation-upper-tribunal-says Tue, 16 Feb 2021 12:00:16 +0000 https://env-7121714.mightybox.site/?p=147795 In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nationality, Immigration and Asylum Act 2002. President Lane and Upper Tribunal Judge Norton-Taylor accepted […]]]> https://freemovement.org.uk/ha-iraq-comeback-continues/?utm_source=rss&utm_medium=rss&utm_campaign=ha-iraq-comeback-continues Fri, 30 Oct 2020 09:00:00 +0000 https://env-7121714.mightybox.site/?p=139143 In KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 the Court of Appeal followed the recent decisions of HA (Iraq) v SSHD [2020] EWCA Civ 1176 and AA (Nigeria) v SSHD [2020] EWCA Civ 1296 on the interpretation of the “unduly harsh” test in deportation cases. The case involved the appeal of […]]]> https://freemovement.org.uk/court-of-appeal-confirms-change-of-course-in-deportation-appeals/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-confirms-change-of-course-in-deportation-appeals https://freemovement.org.uk/court-of-appeal-confirms-change-of-course-in-deportation-appeals/#comments Mon, 12 Oct 2020 06:00:29 +0000 https://env-7121714.mightybox.site/?p=137744 In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of HA (Iraq) v SSHD [2020] EWCA Civ 1176. It confirms that the “unduly harsh” test set out in KO (Nigeria) v SSHD [2018] UKSC 53 should be viewed […]]]> https://freemovement.org.uk/court-of-appeal-confirms-change-of-course-in-deportation-appeals/feed/ 1 https://freemovement.org.uk/major-court-of-appeal-judgment-revisits-unduly-harsh-test-and-other-key-concepts/?utm_source=rss&utm_medium=rss&utm_campaign=major-court-of-appeal-judgment-revisits-unduly-harsh-test-and-other-key-concepts Tue, 08 Sep 2020 06:45:00 +0000 https://env-7121714.mightybox.site/?p=134630 If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord Justice Underhill contains far-reaching and […]]]> https://freemovement.org.uk/unduly-harsh-test-again/?utm_source=rss&utm_medium=rss&utm_campaign=unduly-harsh-test-again https://freemovement.org.uk/unduly-harsh-test-again/#comments Fri, 17 Apr 2020 09:15:00 +0000 https://env-7121714.mightybox.site/?p=122758 We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation from a partner or child would amount to a breach of their human rights. As confirmed by the Supreme Court in KO (Nigeria) v SSHD […]]]> https://freemovement.org.uk/unduly-harsh-test-again/feed/ 1 https://freemovement.org.uk/who-counts-as-a-partner-for-the-purposes-of-deportation-law/?utm_source=rss&utm_medium=rss&utm_campaign=who-counts-as-a-partner-for-the-purposes-of-deportation-law Fri, 20 Mar 2020 13:57:02 +0000 https://env-7121714.mightybox.site/?p=121143 When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one particularly heated exchange regarding the enforcement of this rule, I recall a tedious and lengthy discussion about the meaning of a serious relationship. Little did […]]]> https://freemovement.org.uk/having-a-british-child-not-necessarily-a-weighty-factor-in-deportation-cases/?utm_source=rss&utm_medium=rss&utm_campaign=having-a-british-child-not-necessarily-a-weighty-factor-in-deportation-cases https://freemovement.org.uk/having-a-british-child-not-necessarily-a-weighty-factor-in-deportation-cases/#comments Tue, 25 Feb 2020 12:15:00 +0000 https://env-7121714.mightybox.site/?p=118426 Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the UK. The case concerned an appeal brought by Mr Patel, an Indian citizen, against a decision to deport him following a 2016 conviction for money laundering offences. He received a […]]]> https://freemovement.org.uk/having-a-british-child-not-necessarily-a-weighty-factor-in-deportation-cases/feed/ 2 https://freemovement.org.uk/risk-of-trauma-for-children-not-enough-to-prevent-deportation/?utm_source=rss&utm_medium=rss&utm_campaign=risk-of-trauma-for-children-not-enough-to-prevent-deportation Thu, 05 Dec 2019 08:00:57 +0000 https://env-7121714.mightybox.site/?p=111882 For those lawyers, like my Lord and myself, who have spent many years practising in the family jurisdiction, this is not a comfortable interpretation to apply. But that is what Parliament has decided… So held Lord Justice Baker, giving judgment in SSHD v KF (Nigeria) [2019] EWCA Civ 2051, and yet another deportation case in […]]]> https://freemovement.org.uk/unduly-harsh-in-deportation-cases/?utm_source=rss&utm_medium=rss&utm_campaign=unduly-harsh-in-deportation-cases Wed, 17 Jul 2019 07:40:30 +0000 https://env-7121714.mightybox.site/?p=101568 In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had previously heard the appeal. In this post we look at the way in which […]]]> https://freemovement.org.uk/yet-more-guidance-on-automatic-deportation/?utm_source=rss&utm_medium=rss&utm_campaign=yet-more-guidance-on-automatic-deportation Tue, 16 Apr 2019 11:55:06 +0000 https://env-7121714.mightybox.site/?p=93972 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 State for the Home Department [2018] UKSC 53, which held that bad behaviour […]]]> https://freemovement.org.uk/supreme-court-bad-behaviour-by-parent-irrelevant-to-best-interests-of-children/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-bad-behaviour-by-parent-irrelevant-to-best-interests-of-children https://freemovement.org.uk/supreme-court-bad-behaviour-by-parent-irrelevant-to-best-interests-of-children/#comments Wed, 24 Oct 2018 10:48:07 +0000 https://env-7121714.mightybox.site/?p=77241 The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) and Others v Secretary of State for the Home Department […]]]> https://freemovement.org.uk/supreme-court-bad-behaviour-by-parent-irrelevant-to-best-interests-of-children/feed/ 4 https://freemovement.org.uk/meaning-of-unduly-harsh-in-the-immigration-rules/?utm_source=rss&utm_medium=rss&utm_campaign=meaning-of-unduly-harsh-in-the-immigration-rules https://freemovement.org.uk/meaning-of-unduly-harsh-in-the-immigration-rules/#comments Mon, 16 Nov 2015 10:19:21 +0000 https://env-7121714.mightybox.site/?p=26726 A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules, which reads: 399. This paragraph applies where paragraph 398 (b) or (c) applies if – (a) the person has a genuine and […]]]> https://freemovement.org.uk/meaning-of-unduly-harsh-in-the-immigration-rules/feed/ 2 https://freemovement.org.uk/new-home-office-guidance-on-deportation/?utm_source=rss&utm_medium=rss&utm_campaign=new-home-office-guidance-on-deportation https://freemovement.org.uk/new-home-office-guidance-on-deportation/#comments Tue, 26 Aug 2014 08:19:37 +0000 https://env-7121714.mightybox.site/?p=15998 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 representing people in deportation cases. It not only gives insight into the approach of the Home Office, it also tells […]]]> https://freemovement.org.uk/new-home-office-guidance-on-deportation/feed/ 3