Rexha (S117C – Earlier Offences : Albania): UTIAC 5 Jul 2016

UTIAC The purpose and intention of Parliament in incorporating section 117C of the Nationality, Immigration and Asylum Act 2002 was to ensure that all of the criminal convictions providing a reason for the deportation decision are to be examined within the framework provided by that section.
What is required when undertaking the exercise required by sections 117C(1) to (6) is careful scrutiny of those offences which are on a person’s criminal record which have provided a reason for the decision to deport.
The IDIs do not fully reflect section 117C(7) in that it is not necessarily the case that, once a foreign criminal has been convicted and sentenced to more than four years’ imprisonment, he will never be eligible to be considered under the Exceptions.

[2016] UKUT 335 (IAC)
Nationality, Immigration and Asylum Act 2002 117C
England and Wales


Updated: 23 January 2022; Ref: scu.569348