NF (Ghana) v Secretary of State for the Home Department [2008] EWCA Civ 906 (30 July 2008)

The AIT erred by failing to have proper regard to the modified DP 5/96 policy, by not focusing sufficiently on the case of the child Obi, and by applying the wrong test of exceptionality to the Article 8 proportionality assessment. These errors require the decision to be set aside and the case remitted for reconsideration.

Citation: [2008] EWCA Civ 906
Parties: Appellant/claimant: NF (Ghana); Respondent/defendant: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 30 July 2008
Procedural Posture: Appeal From Asylum and Immigration Tribunal / Court of Appeal (civil Division)
Outcome: Appeal allowed; case remitted to the Asylum and Immigration Tribunal for reconsideration.
Legal Topics: Article 8 ECHR, Immigration Policy Discretion, Legitimate Expectation, Children's Rights, Deportation Procedure

Immigration Law Human Rights Law Administrative Law Article 8 ECHR Immigration Policy Discretion Legitimate Expectation Children's Rights Deportation Procedure

Case Brief

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Parties

NF (Ghana)

Appellant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Appeal From Asylum and Immigration Tribunal / Court of Appeal (civil Division)

Legal Issues

1 Whether the AIT gave proper consideration to the Secretary of State's DP 5/96 (7-year child concession) policy in the context of Article 8 ECHR
2 Whether the AIT properly focused on the position of the appellant's daughter, Obi, in the Article 8 and policy analysis

Ratio Decidendi

Court Disposition

Appeal allowed; case remitted to the Asylum and Immigration Tribunal for reconsideration.

Orders

Remission to the AIT for rehearing in light of the Court of Appeal's judgment.