'Unlike my brother judge here, who is concerned with Law, I am concerned with Justice' Lord Denning
Tag Archives: Deportation appeals and article 8; sections 117A to 117D of the 2002 Act; paragraphs 398 of the immigration rules; paragraph 399 of the immigration rules; paragraph 399A of the immigration rules: depo
In addition to noting that the Court of Appeal has provided yet further guidance in relation to deportation appeals in NA (Pakistan) v Secretary of State for the Home Department & Ors  EWCA Civ 662, legal practitioners need to brace themselves for yet further wordplay in relation to newly introduced deportation lingo. We are now familiar with and have grown fairly comfortable with regularly used terms such as, “ a free standing Article 8 analysis” and “ through the lens of the immigration rules”. The Court of Appeal in NA (Pakistan)has gone further; as noted at paragraph 14 of their judgement, when considering the Immigration Rules on deportation, foreign criminals are divided into two categories: those with sentences of between one and four years’ imprisonment and those sentenced to four years or more. The Court of Appeal then decided for the sake of “simplicity”, that the first category shall be referred to as ‘medium offenders’ and the second category as ‘serious offenders’.