The blog post “ Part 1 after KO(Nigeria)”, separately looks at how the Upper Tribunal in RA (s.117C: “unduly harsh”; offence: seriousness) Iraq  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 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”.
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
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.