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. Section 117A(2)(b) provides for a distinct category of cases, providing that, in considering the public interest question, the court or tribunal must have regard to the considerations listed in section 117C ‘ in cases concerning the deportation of foreign criminals’
Accordingly, irrespective of whether or not an appellant may fall within the definition of a ‘foreign criminal’ in section 117D(2), the provisions of section 117C of the 2002 Act only apply in cases involving deportation
Kebede UTJ
[2015] UKUT 628 (IAC)
Bailii
England and Wales
Immigration
Updated: 17 January 2022; Ref: scu.565363
