Terrelonge (Para 399(B)): UTIAC 3 Nov 2015

(i) The requirements in para 399(b) are conjunctive. Accordingly, the correct approach is to consider para 399(b)(i) before the requirements in para 399(b)(ii) and (iii). If para 399(b)(i) is not satisfied, there is no need to consider the issues of undue hardship in para 399(b)(ii) and (iii). The offender would then have to rely upon showing other factors that show very compelling circumstances over and beyond those described in paras 399 and 399A.
(ii) P ara 399(b)(i) will only be satisfied if the relationship relied upon was entered into at a time when: (a) the offender had settled status which he had not obtained by deception or other means that imperils his settled status; and (b) he did not fall within the definitions of ‘foreign criminal’ in s.32 of the UK Borders Act 2007 or s.117D of the Nationality, Immigration and Asylum Act 2002; and (c) he had not been notified of his liability to deportation.
(iii) The automatic deportation provisions in s.32 of the 2007 Act apply to persons convicted in the period between the passing of the Act (30 October 2007) and its implementation (1 August 2008).

Upper Tribunal Judge Gill
[2015] UKUT 653 (IAC)
Bailii
Nationality, Immigration and Asylum Act 2002, UK Borders Act 2007
England and Wales

Immigration

Updated: 17 January 2022; Ref: scu.565379