The real value in The Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) lies in the Court of Appeal’s review, considerations and conclusions upon the relevant statutory provisions, Immigration Rules and caselaw as applicable to a case giving rise to both an Article 3 medical condition claim and Article 8 deportation appeal.
“The UT’s characterisation of the appeal was related to some trenchant observations which it made about what it perceived to be the Secretary of State’s practice of appealing routinely in any case where the FTT allowed an appeal against a deportation order, without any real attempt to identify an error of law as opposed to simply disputing the tribunal’s factual assessment. We are not in a position to comment either way about those observations, beyond saying that we hope that that is not the Secretary of State’s practice now, if it ever was”, so said Lord Justice Underhill in the Court of Appeal recently in Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 (12 June 2019).
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It is most strange that it should staunchly be maintained before the Court of Appeal that Home Office Presenting Officers are aware of country guidance caselaw, yet a supposedly sufficiently experienced Home office Presenting Officer voluntarily made a concession that was inconsistent with relevant country guidance caselaw with the result that, also placing reliance upon that concession, an Upper Tribunal Judge allowed an appellant’s appeal.