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.
