MA (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 163 (05 February 2014)

MA (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 163 (05 February 2014)

The Upper Tribunal made no error of law in concluding that deportation would not breach Article 3 or Article 8 ECHR; the risk of harm in Pakistan was not established as real or serious, and the public interest in deportation outweighed the Article 8 rights of the children and family, even considering their length of residence.

Citation
[2014] EWCA Civ 163
Parties
Claimant/applicant: MA (Pakistan); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 February 2014
Procedural Posture
Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal refused; appeal dismissed.
Legal Topics
Deportation, Article 3 ECHR, Article 8 ECHR, Children's Rights, Risk of Re Offending, Public Interest in Deportation
Immigration Law Human Rights Law Deportation Article 3 ECHR Article 8 ECHR Children's Rights Risk of Re Offending Public Interest in Deportation

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Parties

MA (Pakistan)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether deportation would breach Article 3 ECHR due to risk of ill-treatment on return to Pakistan
  2. 2 Whether deportation would breach Article 8 ECHR due to impact on children and family life
  3. 3 Whether the Tribunal erred in assessing risk of re-offending and public interest

Ratio Decidendi

The Upper Tribunal made no error of law in concluding that deportation would not breach Article 3 or Article 8 ECHR; the risk of harm in Pakistan was not established as real or serious, and the public interest in deportation outweighed the Article 8 rights of the children and family, even considering their length of residence.

Court Disposition

Permission to appeal refused; appeal dismissed.