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Rexha (S117C – Earlier Offences : Albania): UTIAC 5 Jul 2016

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

KMO (Section 117 – Unduly Harsh): UTIAC 25 Sep 2015

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

Williams (Scope of ‘Liable To Deportation’) Nigeria: UTIAC 2 Mar 2018

(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

MS (British Citizenship; EEA Appeals) Belgium: UTIAC 15 Oct 2019

(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

Clarke (Section 117C – Limited To Deportation): UTIAC 22 Oct 2015

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

Forman (SS 117A-C Considerations): UTIAC 19 Jun 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