Court of Appeal’s Further Guidance On The Correct Approach To Deportation Appeals

deportedIn 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 [2016] 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’.

Continue reading