Victory in Upper Tribunal Deportation Case Dealing with Article 8 New Rules

28.05.13 |

The Upper Tribunal has issued further significant guidance as to the application of the new Immigration Rules on private and family life in the context of deportation cases -  Green (Article 8 – new rules) [2013] UKUT 00254 (IAC). Conor McCarthy represented the Respondent in the appeal by the Secretary of State for the Home Department. The Upper Tribunal (Blake J and Phillips DUTJ) upheld the decision of the First Tier Tribunal . In so doing the tribunal re-affirmed that the new rules  failed, in a number of important respects, to reflect the established jurisprudence of the European Court of Human Rights in particular the requirement to take into account, in deportation decisions, whether the offender was a juvenile at the time of his offending (as an aspect of the obligation to have regard under Article 8, ECHR to the best interest of the child).   That being the case, the UT reaffirmed that where the rules do not reflect established Article 8 principles tribunals must consider such principles outside the context of the immigration rules, taking appropriate account of the public interest. On the facts of the case, despite the appellant’s offending, the UT found that the First Tier Tribunal had made no material error of law in reaching its determination and refused the Secretary of State’s appeal.

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