IAT (1) The fact that there is a policy to suspend enforced removals does not mean that a decision to remove is not in accordance with the law when there is no reason to believe that the respondent will not act in accordance with his policy.
(2) When assessing whether removal would be in breach of article 8 in such a case , the appellant’s position in the country of removal must be considered on the hypothetical basis of him being present there but it does not mean that the Tribunal is required to assess lawfulness and proportionality on the basis of a hypothetical event, a compulsory removal contrary to a current policy, which does not and will not in fact take place.
Latter SIJ
[2010] UKUT 272 (IAC)
Bailii
England and Wales
Immigration
Leading Case
Updated: 10 November 2021; Ref: scu.421567