UTIAC The purpose and intention of Parliament in incorporating section 117C of the Nationality, Immigration and Asylum Act 2002 was to ensure that all of the criminal convictions providing a reason for the deportation decision are to be examined within the framework provided by that section. What is required when undertaking the exercise required by … Continue reading Rexha (S117C – Earlier Offences : Albania): UTIAC 5 Jul 2016
UTIAC The Immigration Rules, when applied in the context of the deportation of a foreign criminal, are a complete code. Where an assessment is required to be made as to whether a person meets the requirements of para 399 of the Immigration Rules, as that comprises an assessment of that person’s claim under article 8 … Continue reading KMO (Section 117 – Unduly Harsh): UTIAC 25 Sep 2015
The court considered the meaning of the term ‘unduly harsh’ in paragraph 399 of the Immigration Rules and section 117C(5) of the Nationality, Immigration and Asylum Act 2002. . .
To bring a case within Exception 2 in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, the ‘unduly harsh’ test will not be satisfied, in a case where a child has two parents, by either or both of the following, without more: (i) evidence of the particular importance of one parent in the lives … Continue reading Imran (Section 117C, Children, Unduly Harsh : Pakistan): UTIAC 11 Feb 2020
(1) The word ‘partner’ is not defined in Part 5A of the Nationality, Immigration and Asylum Act 2002. The definition of ‘partner’ in GEN 1.2 of Appendix FM to the Immigration Rules does not govern the way in which ‘partner’ is to be interpreted in Part 5A. (2) A person who satisfies the definition in … Continue reading Buci (Part 5A: ‘Partner’ : Albania): UTIAC 27 Feb 2020
(1) In its application to a ‘qualifying child’ within the meaning of section 117D of the Nationality, Immigration and Asylum Act 2002, section 117C(5) imposes the same two requirements as are specified in paragraph 399(a)(ii) of the Immigration Rules; namely, that it would be unduly harsh for the child to leave the United Kingdom and … Continue reading Patel (British Citizen Child – Deportation): UTIAC 29 Jan 2020
The procedural issue: appeals under section 11 of the TCEA 2007 (1) The appellate regime established by the Nationality, Immigration and Asylum Act 2002, as amended, is concerned with outcomes comprising the determination of available grounds of appeal; (2) A party who has achieved the exact outcome(s) sought by way of an appeal to the … Continue reading Binaku (S 11 TCEA; S 117C NIAA; Para 399D): UTIAC 27 Jan 2021
(1) Key features of ss.117A-117D of the Nationality, Immigration and Asylum Act 2002 include the following: (a) judges are required statutorily to take into account a number of enumerated considerations. Sections 117A-117D are not, therefore, an a la carte menu of considerations that it is at the discretion of the judge to apply or not … Continue reading Dube (Ss117A-117D): UTIAC 24 Feb 2015
(1) Section 117A of the Nationality, Immigration and Asylum Act 2002 requires the Upper Tribunal, in a judicial review involving Article 8(2) ECHR, to have regard to the considerations mentioned in section 117B and, where relevant, section 117C, when considering the question whether an interference with a person’s right to respect for private and family … Continue reading Khairdin, Regina (on The Application of) v Secretary of State for The Home Department (NIA 2002: Part 5A) (IJR): UTIAC 28 Nov 2014
(1) In determining pursuant to section 117C(6) of the Nationality, Immigration and Asylum Act 2002 whether there are very compelling circumstances, over and above those described in Exceptions 1 and 2 in subsections (4) and (5), such as to outweigh the public interest in the deportation of a foreign criminal, a court or tribunal must … Continue reading MS (S117C, : ‘Very Compelling Circumstances’) Philippines: UTIAC 4 Mar 2019
(1) In KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53, the approval by the Supreme Court of the test of ‘unduly harsh’ in section 117C(5) of the Nationality, Immigration and Asylum Act 2002, formulated by the Upper Tribunal in MK (Sierra Leone) v Secretary of State for the … Continue reading RA (S117C: ‘Unduly Harsh’; Offence: Seriousness) Iraq: UTIAC 4 Mar 2019
(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 … Continue reading Williams (Scope of ‘Liable To Deportation’) Nigeria: UTIAC 2 Mar 2018
(1) If, on appeal, an issue arises as to whether the removal of a person (P) from the United Kingdom would be unlawful because P is a British citizen, the tribunal deciding the appeal must make a finding on P’s citizenship; just as the tribunal must do so where the consideration of the public interest … Continue reading MS (British Citizenship; EEA Appeals) Belgium: UTIAC 15 Oct 2019
UTIAC That section 117C of the Nationality, Immigration and Asylum Act 2002 is applicable only in deportation cases is made clear in section 117A(2) which, in directing the court or tribunal to the considerations involved when looking at the public interest question, clearly distinguishes between those cases that involve deportation from those that do not. … Continue reading Clarke (Section 117C – Limited To Deportation): UTIAC 22 Oct 2015
(i) The public interest in firm immigration control is not diluted by the consideration that a person pursuing a claim under Article 8 ECHR has at no time been a financial burden on the state or is self-sufficient or is likely to remain so indefinitely. The significance of these factors is that where they are … Continue reading Forman (SS 117A-C Considerations): UTIAC 19 Jun 2015
The Court considered linked issues as to the treatment of ‘qualifying children’ and their parents, under the statutory regime contained in Part 5A of the Nationality, Immigration and Asylum Act 2002. Three appellants (KO, IT and NS) argued that when . .
Nationality, Immigration and Asylum Act 2002, s. 94B: Access to lawyers
(1) In the light of Kiarie and Byndloss [2017] UKSC 42, the first question to be answered by the First-tier Tribunal in an appeal involving a claim that has been certified . .
