A case where the Secretary of State should have accepted defeat 5years ago

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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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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