Part 2 after KO(Nigeria): “Very Compelling Circumstances” require regard to the seriousness of the offence and relevant public interest considerations

The blog post “ Part 1 after KO(Nigeria)”,  separately looks at how the Upper Tribunal in RA (s.117C: “unduly harsh”; offence: seriousness) Iraq [2019] UKUT 123 (IAC) (4 March 2019) set out its considerations on the unduly harsh test following KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53. This first post therefore has regard to  the  issues arising in KO(Nigeria) as well as  setting out the extract provisions in “Section 117C Article 8: additional considerations in cases involving foreign criminals”.


In MS (s.117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) (4 March 2019), the Upper Tribunal considered whether paragraphs 20 to 22 of the judgment of Lord Carnwath in KO (Nigeria) changed the way in which courts and tribunals must approach their task under section 117C(6) of the Nationality, Immigration and Asylum Act 2002.


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Court of Appeal approves Chege on “persistent offender”, sets out when a foreign criminal is socially and culturally integrated in the UK

The appeal in Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551 (04 April 2019) concerned the following:



  • whether TB was a “foreign criminal” as defined in Section 117D(2) of the Nationality, Immigration and Asylum Act 2002;

  • if so, whether Exception 1 in Section 117C(4) NIAA applies and

  • if not, whether the “very compelling circumstances” test is met

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Adult Zambrano primary carer case succeeds despite Court of Appeal finding test on adult dependents a very demanding one

A person may qualify for a derivative right of residence as the primary carer of a British citizen child or British dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the European Economic Area (EEA), ie a Zambrano case. The 2016 EEA regulations do not impose an age limit on the relevant British citizen who is dependent upon their primary carer


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New Zimbabwe Country Information Note: Deliberate minimisation of real effect of current human rights violations in Zimbabwe

The UK Government wants to be seen as taking a serious position against human rights abuses in Zimbabwe through public condemnation of recent events yet refuses in practice to accept that now is not the time to subject intended returnees to intimating re-documentation interviews by Zimbabwean Embassy officials with a view to detention and removal.


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