NDIDI v. THE UNITED KINGDOM – 41215/14 (Judgment : No violation of Article 8 – Right to respect for private and family life (Article 8 – Expulsion) (Conditional) (Nigeria)) [2017] ECHR 781 is a case where the ECHR had an opportunity to decide upon a complaint on the compatibility of the requirements of Paragraphs 398 and 399 of the Immigration Rules with Article 8, but evaded addressing the issue.
The ground of challenge that the Court did consider and make a decision upon resulted in an outcome which makes it clear that despite a deportee coming to the UK as a toddler, residing here for twenty-eight years, having a British child, with little or no ties in the country of origin, deportation can still be effected without the UK Government breaching Article 8 of the ECHR.