There is a real risk to SC of inhuman or degrading treatment, in contravention of article 3 of the European Convention on Human Rights (‘ECHR’) in urban but not in rural parts of his country of origin, Jamaica. So, his deportation to that country by the Secretary of State for the Home Department (‘SSHD’), as a foreign criminal, would be unlawful unless he ‘can reasonably be expected to stay’ in the rural areas of Jamaica (‘internal relocation’). In allowing an appeal from a deportation order made by the SSHD the First-tier Tribunal Judge Kamara (‘the F-tT judge’) held that SC could not reasonably be expected to internally relocate in Jamaica. In arriving at her decision as to the reasonableness of internal relocation she did not consider what was ‘due’ to SC as a result of his criminality.
Judges:
Lord Reed, President
Lord Lloyd-Jones
Lady Arden
Lord Hamblen
Lord Stephens
Citations:
[2022] UKSC 15
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 16 June 2022; Ref: scu.678551
