1. The phrase ‘unduly harsh’ in para 399 of the Rules (and s.117C(5) of the 2002 Act) does not import a balancing exercise requiring the public interest to be weighed against the circumstances of the individual (whether child or partner of the deportee). The focus is solely upon an evaluation of the consequences and impact upon the individual concerned.
2. Whether the consequences of deportation will be ‘unduly harsh’ for an individual involves more than ‘uncomfortable, inconvenient, undesirable, unwelcome or merely difficult and challenging’ consequences and imposes a considerably more elevated or higher threshold.
3. The consequences for an individual will be ‘harsh’ if they are ‘severe’ or ‘bleak’ and they will be ‘unduly’ so if they are ‘inordinately’ or ‘excessively’ harsh taking into account of all the circumstances of the individual.
(MK (section 55 – Tribunal options) Sierra Leone [2015] UKUT 223 (IAC) at [46] and BM and others (returnees – criminal and non-criminal) DRC CG [2015] UKUT 293 (IAC) at [109] applied.)
Grubb UTJ, Phillips DUTJ
[2015] UKUT 435 (IAC)
Bailii
England and Wales
Immigration
Updated: 03 January 2022; Ref: scu.551567
