hh_crdwzIAT2008
IAT (1) Given the impact of data protection legislation a claimant would have difficulty in establishing a risk on return arising from communications between the British government and the receiving state relating to his criminal record.
(2) The Secretary of State regarded those who would be returned to an ‘active war zone’ as exempt from deportation by a policy revoked on 14 January 2008. Decisions to deport nationals of countries that were at the relevant time active war zones, made during the currency of that policy, appear to have been made not in accordance with the law. The same applies probably to decisions to remove overstayers under s 10, but not decisions to remove illegal entrants.
C M G Ockelton
[2008] UKAIT 00051, [2009] INLR 148
Bailii
Immigration
Leading Case
Updated: 01 November 2021; Ref: scu.270758