Risk of psychological damage to deportee’s British child meets the “very compelling circumstances, over and above” high threshold test

Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 (12 June 2019), is one of those few deportation appeal cases in the Court of Appeal, where a deportee convicted of a serious offence successfully resisted deportation; not merely because he had a British child residing in the UK, but because of the impact his deportation would have upon the child.

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“Very compelling circumstances, over and above”: Court of Appeal says analysis of section 117C(6) in Rhuppiah is correct and should be followed

The issues in NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 (11 April 2017)  concerned the construction or application of section 117C(6) of the Nationality, Immigration and Asylum Act 2002  which provides that in the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are “very compelling circumstances”, over and above those described in the exceptions contained in section 117C(4)-(5).

 

It appears from the nature of the submissions put forward on behalf of the Appellants, that among other matters, the concern was that Section 117C (6) must not be applied as if it contained some abstract statutory formula and that in effect Tribunal Judges must be left to perform  the well-established and well understood  task of determining whether there is a breach of Article 8, instead of substituting a statutory test for that question.

 

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