SC (Paras A398 – 339D: ‘Foreign Criminal’: Procedure) Albania: UTIAC 27 Apr 2020

1. Paragraph A398 of the immigration rules governs each of the rules in Part 14 that follows it. The expression ‘foreign criminal’ in paragraph A398 is to be construed by reference to the definition of that expression in section 117D of the Nationality, Immigration and Asylum Act 2002: OLO and Others (para 398 – ‘foreign criminal’) [2016] UKUT 56 affirmed; Andell (foreign criminal – para 398) [2018] UKUT 198 not followed.
2. A foreign national who has been convicted outside the United Kingdom of an offence is not, by reason of that conviction, a ‘foreign criminal’ for the purposes of paragraphs A398-399D of the rules.
3. In the absence of a material change in circumstances or prior misleading of the Tribunal, it will be a very rare case in which the important considerations of finality and proper use of the appeals procedure are displaced in favour of revisiting and varying or revoking an interlocutory order: Gardner-Shaw (UK) Ltd v HMRC [2018] UKUT 419 followed.

[2020] UKUT 187 (IAC)
Bailii
England and Wales

Immigration

Updated: 30 November 2021; Ref: scu.653920