Risk of psychological damage to deportee’s British child meets the “very compelling circumstances, over and above” high threshold test

Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 (12 June 2019), is one of those few deportation appeal cases in the Court of Appeal, where a deportee convicted of a serious offence successfully resisted deportation; not merely because he had a British child residing in the UK, but because of the impact his deportation would have upon the child.

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Iraq and Article 3 claims: Admin Court curbs overzealous attempts to override current country guidance caselaw

The Secretary of State has over the past few years been relentless in his pursuit of convincing the higher courts that there is some need or reason to depart from established country guidance caselaw on Humanitarian Protection and Article 3 claims originating from Iraq returnees.

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Inflexibility within new mandatory online application process: Redundancy of “10 working day grace period” to pay Immigration Health Surcharge

The new online application process, whilst appearing on the surface to have provided a “straightforward” method of completion of online application forms, in practice has inbuilt inflexibility and unfairness on issues that matter the most, ie fees.

 

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Court of Appeal endorses Upper Tribunal in JG on interpretation of section 117B(6)(b): Reasonable to expect a child to leave the UK and parental relationship

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019), the Court of Appeal, among other issues considered Section 117(B)(6) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration Act 2014, in the following respects:

 

  • “a genuine and subsisting parental relationship with a qualifying child” in section 117B(6)(a), and

  • “it would not be reasonable to expect the child to leave the United Kingdom” in section 117B(6)(b)

The Court of Appeal made it clear that the,“ position has now been reached in which this Court is not only free to depart from the approach taken by Laws LJ in MM (Uganda) but indeed is required to do so in order to follow the binding decision of the Supreme Court in KO (Nigeria)”.

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