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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New Iraq Country Information Notes: Current key considerations in claims for Humanitarian Protection

An updated Country Information Note on Iraq has now been published: Country policy and information note: security and humanitarian situation, Iraq, November 2018, Version 5.0, 19 November 2018.  This is to be considered in conjunction with the Note published last month: Country policy and information note: internal relocation, civil documentation and returns, Iraq, October 2018.

 

Relevant County Guidance caselaw and other   pertinent cases remain the following:

 

 

Relevant previous blog posts:

 

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Liability to administrative removal, RED Notices, removal windows and injunctions: Your frequently asked questions answered

The following heads of consideration are raised in detail below:

 

  • Liability to non- EEA Administrative Removal

  • Notice of liability to Administrative Removal- RED Notices

  • Judicial Review

  • Notices of removal

  • Removal- the Notice Periods

  • Deferral of Notice Periods

  • Deferral of Removal

  • Injunctions

  • Rule 39 Indications from the European Court of Human Rights

  • Relevant Home Office policy Guidance

 

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“Very compelling circumstances, over and above”: Court of Appeal says analysis of section 117C(6) in Rhuppiah is correct and should be followed

The issues in NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 (11 April 2017)  concerned the construction or application of section 117C(6) of the Nationality, Immigration and Asylum Act 2002  which provides that in the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are “very compelling circumstances”, over and above those described in the exceptions contained in section 117C(4)-(5).

 

It appears from the nature of the submissions put forward on behalf of the Appellants, that among other matters, the concern was that Section 117C (6) must not be applied as if it contained some abstract statutory formula and that in effect Tribunal Judges must be left to perform  the well-established and well understood  task of determining whether there is a breach of Article 8, instead of substituting a statutory test for that question.

 

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