Where an appellant is subject to a decision to make a deportation order following a criminal conviction, is not subject to automatic deportation under s.32 of the UK Borders Act 2007 (‘UKBA 2007’) because he comes within one of the ‘exceptions’ set out in s.33, relevant case law decided in respect of pre-UKBA 2007 deportations … Continue reading BK (Deportation S 33 ‘Exception’ Ukba 2007 Public Interest) Ghana: UTIAC 15 Sep 2010
ICO In February 2007, the complainant requested a copy of a report by the Office of Surveillance Commissioners relating to the then UK Immigration Service (now UK Borders Agency). The public authority refused to provide this citing section 31(1)(e) as its basis for doing so. It upheld this position on internal review. The public authority … Continue reading UKBorder Agency (Decision Notice): ICO 26 Nov 2009
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied and run by British military personnel. It was … Continue reading Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007
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Judges: Maurice Kay, Stanley Burnton LJJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 1363 Links: Bailii Statutes: UK Borders Act 2007 32(5), European Convention on Human Rights 8 Jurisdiction: England and Wales Human Rights Updated: 05 November 2022; Ref: scu.465113
Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012
UTIAC (1) The Secretary of State may serve a deportation decision under s.32 of the UK Borders Act 2007 despite the fact that, unknown to her, the appellant had lodged a notice of application to appeal against conviction out of time.(2) A notice of deportation can be revoked or the appeal adjourned pending an out … Continue reading Mehmud (Timing of Deportation Notice) Bangladesh: UTIAC 19 Dec 2011
Appeal against deportation order. He court was asked: ‘(1) Did the Secretary of State err in deciding to deport the appellant under the mandatory power conferred by section 32 of the 2007 Act? (2) Did the Upper Tribunal err in law in failing to find that the Secretary of State and First-tier Tribunal had erred … Continue reading Makhlouf, Re Application for Judicial Review: CANI 26 Nov 2014
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 … Continue reading HA (Iraq) v Secretary of State for The Home Department: CA 22 Jul 2014
Appeal against the decision of the Upper Tribunal dated 30th September 2013 allowing the Secretary of State’s appeal against the decision of the First-tier Tribunal, which had itself allowed the appellant’s appeal against the decision of the Secretary of State to make a deportation order against him. Judges: Moore-Bick, Ryder LJJ, David Richards J Citations: … Continue reading LC (China) v Secretary of State for The Home Department: CA 9 Oct 2014
The appellant was Jamaican by birth, but had lived here with his British father since the age of four. Had his parents been married, he would have had British nationality. As he grew to an adult he was convicted on several serious matters. He now said that a deportation would infringe his article 8 rights … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: CA 26 Jan 2016
Issues concerning section 32 of the UK Borders Act 2007 [2010] EWCA Civ 567, [2010] Imm AR 675 Bailii UK Borders Act 2007 32 England and Wales Immigration Updated: 23 November 2021; Ref: scu.416097
Application for judicial review of a decision of the respondent to refuse the further representations of the applicant, a citizen of Jamaica, as a fresh claim following the making of a deportation order against him under Section 32(5) of the UK Borders Act 2007 and the subsequent decision to remove him to Jamaica. Storey UTJ … Continue reading Irons, Regina (on The Application of) v Secretary of State for The Home Department (Fcjr): UTIAC 23 Sep 2013
Appeal against the decision of the Upper Tribunal dismissing the appellant’s appeal against the decision of the First-tier Tribunal, which itself dismissed his appeal against the Secretary of State’s decision to remove him to the Gambia pursuant to . .
UTIAC The phrase ‘liable to deportation’ in s 3(5) of the Immigration Act 1971 includes, in the case of a person within s 3(5)(a), the notion of the Secretary of State’s deeming deportation to be conducive to the public good. The provision of s 32(4) of the UK Borders Act 2007, that a person subject … Continue reading Ali (S.76 – ‘Liable To Deportation’) Pakistan: UTIAC 24 May 2011
UTIAC 1. The personal scope of the safeguards against expulsion which Article 27 of 2004/38/EC (the ‘Citizens Directive’) affords to ‘family members’ does not include ‘other family members'(OFMs).2. Hence Exception 3 to s.32(4) and (5) of the UK Borders Act 2007 (which arises where the removal of a foreign criminal from the United Kingdom in … Continue reading Rose (Automatic Deportation – Exception 3) Jamaica: UTIAC 13 Jul 2011
(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several offences. The most serious was for an assault with a weapon which … Continue reading Makhlouf v Secretary of State for The Home Department: SC 16 Nov 2016
UTIAC (1) In automatic deportations made under s.32 (5) of the UK Borders Act 2007 the respondent’s executive responsibility for the public interest in determining whether deportation is conducive to the public good has been superseded by Parliament’s assessment of where the public interest lies in relation to those deemed to be foreign criminals within … Continue reading MK (Deportation Foreign Criminal Public Interest) Gambia: UTIAC 10 Aug 2010
UTIAC When considering the automatic deportation provision in s. 32(5) UK Borders Act 2007, and the exemption at s.33(2)(a) relating to the claimant’s private and family life (Article 8 ECHR), the Tribunal must give careful consideration to the factors set out at paragraphs 70-73 of Maslov v Austria [2009] INLR 47 ECHR.Particular care is required … Continue reading RG (Automatic Deport Section 33, (A) Exception) Nepal: UTIAC 10 Aug 2010
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 relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
Application for Judicial Review challenging the lawfulness of bail conditions (a curfew monitored by electronic tagging) imposed by the defendant during deportation proceedings under section 32(5) of the 2007 Act. Judges: Edis J Citations: [2015] EWHC 2786 (Admin), [2015] WLR(D) 405 Links: Bailii, WLRD Statutes: UK Borders Act 2007 Jurisdiction: England and Wales Cited by: … Continue reading Gedi, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Oct 2015
The meaning of ‘foreign criminal’ is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. Section 32 of the 2007 Act creates a designated class of offender that is a foreign criminal and establishes the consequences of such designation. That is, for the purposes of section 3(5)(a) of … Continue reading Zulfiqar (‘Foreign Criminal’ : British Citizen) Pakistan: UTIAC 11 Sep 2020
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
This appeal concerns the relationship between the deportation provisions of the UK 2007 Act, the provisions relating to deportation of EEA nationals contained in the 2006 Regulations, and the Secretary of State’s policy relating to deportation of Irish nationals. Citations: [2018] EWCA Civ 1329 Links: Bailii Statutes: Borders Act 2007, Immigration (European Economic Area) Regulations … Continue reading Connell, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 Jun 2018
Section 32 of the UK Borders Act 2007 impliedly amends section 3(5)(a) of the Immigration Act 1971 by (a) removing the function of the Secretary of State of deeming a person’s deportation to be conducive to the public good, in the case of a foreign criminal within the meaning of the 2007 Act; and (b) … Continue reading Yussuf (Meaning of ‘Liable To Deportation’) Somalia: UTIAC 9 Mar 2018
(i) The requirements in para 399(b) are conjunctive. Accordingly, the correct approach is to consider para 399(b)(i) before the requirements in para 399(b)(ii) and (iii). If para 399(b)(i) is not satisfied, there is no need to consider the issues of undue hardship in para 399(b)(ii) and (iii). The offender would then have to rely upon … Continue reading Terrelonge (Para 399(B)): UTIAC 3 Nov 2015
‘This case concerns the legality of the authorisation and continuation of the detention of the Claimant, a Somali national, under administrative powers contained in sections 36(1)(a) and 36(2) of the UK Borders Act 2007 (the 2007 Act) and Schedule 3 paragraph (2)(3) of the Immigration Act 1971 (the 1971 Act) from 8 July 2010 to … Continue reading AG, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2015
UTIAC (1) The appealable decision that s 32(5) of the UK Borders Act 2007 applies is not invalid by reason of being dated after the deportation order to which it relates. (2) In an appeal against automatic deportation there is no appeal against a decision to deport or against the order to deport, but only … Continue reading Greenwood (Automatic Deportation: Order of Events): UTIAC 15 Jul 2014
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The Claimant, a national of Somalia, applies for judicial review of the Defendant’s decision to detain him in immigration detention with a view to deportation under section 32, UK Borders Act 2007, following his conviction for assault. He seeks a declaration that his ongoing detention is unlawful and that his rights under Art. 5 ECHR … Continue reading Ismail, Regina (on The Application of) v Secretary of State for The Home Department: Admn 13 Dec 2013
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
In a deportation appeal not falling within section 32 of the UK Borders Act 2007, the sequence of decision making set out in EO (deportation appeals: scope and process) Turkey [2007] UKAIT 62 still applies but the first step is expanded as follows:i) Consider whether the person is liable to be deported on the grounds … Continue reading BAH (EO (Turkey) – Liability To Deport) Sierra Leone: UTIAC 20 Jun 2012
The House considered the point of law: ‘If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 United Nations Convention Relating to the Status of Refugees?’ The … Continue reading Regina v Fregenet Asfaw: HL 21 May 2008
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals. Held: Since the 2007 it is not appropriate to recommend deportation of a ‘foreign criminal’ as defined in section 32. The Home Secretary is now under that … Continue reading Regina v Kluxen: CACD 14 May 2010
Restitutionary Claim against Pofits from Breach The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not first seeking authority to publish. … Continue reading HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000
