HA, an Iraqi national arrived in the United Kingdom some time in 2000. He made an asylum claim in 2002 which was rejected and the appeal was dismissed. However, he remained in the United Kingdom without leave and was fined for possessing Class A and C drugs in 2005. He was later convicted on counts of possessing Class A drugs with intent to supply and sentenced to four years’ imprisonment. His appeal against conviction was dismissed.
is Article 8 appeal was based in large measure on his long standing relationship with his fiance, CH, a British citizen. She gave evidence before the Upper Tribunal. The Upper Tribunal concluded that she was ‘a very impressive witness’, that their relationship was a genuine one and that it would not be reasonable to expect her to remove to Iraq: See paragraphs 88 and 94 of the determination. The Secretary of State now appealed against the allowing of HA’s appeal against the determination of the First Tier Tribunal which had dismissed his appeal against the Secretary of State’s decision to make an automatic deportation order against him.
Judges:
Sullivan, Black, Richards LJJ
Citations:
[2014] EWCA Civ 1304
Links:
Statutes:
UK Borders Act 2007 32(5), European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Appeal from – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 16 August 2022; Ref: scu.548099