KMO (Section 117 – Unduly Harsh): UTIAC 25 Sep 2015

UTIAC The Immigration Rules, when applied in the context of the deportation of a foreign criminal, are a complete code. Where an assessment is required to be made as to whether a person meets the requirements of para 399 of the Immigration Rules, as that comprises an assessment of that person’s claim under article 8 of the ECHR, it is necessary to have regard, in making that assessment, to the matters to which the Tribunal must have regard as a consequence of the provisions of s117C. In particular, those include that the more serious the offence committed, the greater is the public interest in deportation of a foreign criminal. Therefore, the word ‘unduly’ in the phrase ‘unduly harsh’ requires consideration of whether, in the light of the seriousness of the offences committed by the foreign criminal and the public interest considerations that come into play, the impact on the child, children or partner of the foreign criminal being deported is inordinately or excessively harsh.

Souther UTJ
[2015] UKUT 543 (IAC)
Bailii
Nationality, Immigration and Asylum Act 2002 117C
England and Wales

Immigration

Updated: 04 January 2022; Ref: scu.553218