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UK Supreme Court Considers Deportation (Again)
By Alex Papasotiriou - Immigration Barrister

In HA (Iraq), RA (Iraq) and AA (Nigeria) v Secretary of State for the Home Department [2022] UKSC 22, the Supreme Court was called to consider one more time the statutory provisions of section 117C of the Nationality,...

 Immigration and Asylum Act 2002, in three conjoined appeals. The First-tier Tribunal allowed the appeal against the deportation of each appellant. The Upper Tribunal set aside each decision and remade...

Court of Appeal Revisits “Unduly Harsh” Test
By Richmond Chambers -

In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly...

 be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq). Factual Background of MI (Pakistan) v SSHD Muhammad Imran, a Pakistani national, entered the UK in September 2020 as the spouse of a...

Deportation and the ‘unduly harsh’ test
By Lucy Katko - Immigration Barrister

In HA (Iraq) v SSHD [2020] EWCA Civ 1176, the Court of Appeal has delivered a welcome clarification for partners and parents seeking to avoid deportation. The judgment softens the ‘unduly harsh’ test...

 in cases where a non-British person receives a criminal sentence of between 12 months and four years (‘medium’ cases).  A wider explanation of the law and procedure behind deportation can be found here...

Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases
By Richmond Chambers -

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant)...

 v SSHD [2018] UKSC53. What legislation was in question? Where a person is subject to immigration controls, and is required to be removed, Section 117B lists the points for the court to take into account....

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