Meaning of “Unduly Harsh” in Deportation Appeals: The Court of Appeal’s Approach

The Court of Appeal’s judgement in MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450  was  published on 7 June 2016.

The Issue:

As identified by the Court, the principal focus of the two appeals before them ( MM and KO)  was in relation to  the meaning of the term “unduly harsh” in paragraph 399 of the Immigration Rules and section 117C(5) of the Nationality, Immigration and Asylum Act 2002. The  Court acknowledged  that  there  are conflicting decisions of the Upper Tribunal on the meaning of the term “unduly harsh”.  It was further noted that a number of prospective appeals in the Court of Appeal  awaited  the Court’s  judgment in these two cases.


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