The respondent had listed criminal offences committed by the applicants in support of his decision to have them removed and returned home.
Held: The appeal was allowed. The list provided included offences which were not of the serious nature required for inclusion in such a list, and the respondent had not properly allowed for the risk to the applicant if returned home. The 2004 Order was ultra vires the enabling power and was therefore unlawful.
Judges:
Lord Justice Laws, Lord Justice Hooper and Lord Justice Stanley Burnton
Citations:
[2009] EWCA Civ 630, Times 24-Jul-2009, [2010] 1 QB 633, [2010] 3 WLR 182, 2 ALR Intl 693, [2009] INLR 459
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (SI 2004 No 1910), Nationality, Immigration and Asylums Act 2002 72(4)(a)
Jurisdiction:
England and Wales
Cited by:
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 11 July 2022; Ref: scu.347219