The claimant appealed against a deportation order requiring his return to Portugal. He said that when considering the effect of the order on his family, the AIT had applied the wrong test.
Held: The appeal succeeded. The test to be applied was not whether there were insurmountable obstacles to his family returning with him, but whether it was reasonable to expect them to do so. In view of the fact that as a convicted person, the applicants name was already available, the case should be noted under his full name.
Maurice Kay, Carnwath, Black LJJ
[2010] EWCA Civ 896, [2010] WLR (D) 233
Bailii, WLRD, WLRD
Directive 2004/58/EC of the European Parliament and of the Council of April 29, 2004, Immigration (European Economic Area) Regulations (SI 2006 No 1003), European Convention on Human Rights 8
England and Wales
Citing:
Cited – VW (Uganda) v Secretary of State for the Home Department; Similar CA 16-Jan-2009
The appellant sought leave to enter or remain, saying that a refusal would separate him from his family, and be a disproportionate and unlawful interference with his Article 8 rights to a family life.
Held: An applicant had to show more than . .
Cited – LG (Italy) v Secretary of State for the Home Department CA 18-Mar-2008
. .
Cited – HR (Portugal) v Secretary of State for the Home Office CA 5-May-2009
The claimant had been imprisoned whilst in the UK. He claimed the protection of European law to protect him against a deportation order.
Held: The claimant could not count the time he had served in prison toward the time spent in the UK to . .
Cited – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Cited – JO (Uganda) and JT (Ivory Coast) v Secretary of State for The Home Department CA 22-Jan-2010
When considering an order for the deportation of a non-EU national on completion of a term of imprisonment, the actual weight to be placed on the criminal offending must depend on the seriousness of the offence(s) and the other circumstances of the . .
Lists of cited by and citing cases may be incomplete.
European, Immigration, Human Rights
Updated: 06 December 2021; Ref: scu.421105