David Lemer and Agata Patyna to appear in the Supreme Court in appeals concerning deportation of foreign nationals

Over a two-day hearing this week the Supreme Court will hear linked appeals in the cases of HA/RA and AA, concerning the principles which govern the deportation of foreign national offenders, in particular with reference to the impact on the proposed deportee’s children. David Lemer and Agata Patyna are instructed in AA’s case, with Tamana Aziz of Duncan Lewis solicitors.

Two important issues of principle, commonly found in deportation cases, arise in the appeals. The Court will consider the correct approach to the question whether the effect of a foreign criminal’s deportation on their child would be unduly harsh within the meaning of section 117C(5) of the Nationality, Immigration and Asylum Act 2002, especially in the context of principles concerning the welfare of the child. The Court will also consider the relevance, if any, of evidence in relation to the foreign criminal’s rehabilitation and how much weight tribunals accord to such evidence in the context of proposed deportation. 

A copy of the Court of Appeal’s judgment in AA’s case can be found here.

The hearing will be available for online streaming here.