SM (Bulgaria) v Secretary of State for the Home Department [2015] EWCA Civ 1409 (03 November 2015)

SM (Bulgaria) v Secretary of State for the Home Department [2015] EWCA Civ 1409 (03 November 2015)

The application does not meet the second appeals test as the Upper Tribunal's decision was a factual assessment within its remit as a specialist tribunal, and no important point of principle or compelling reason for further appeal was demonstrated.

Citation
[2015] EWCA Civ 1409
Parties
Claimant/applicant: SM (Bulgaria); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 November 2015
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Deportation of EU Nationals, Article 8 ECHR (family and Private Life), Proportionality in Deportation, Risk of Re Offending, Effect of Deportation Order on Leave to Remain
Immigration Law Human Rights Law Deportation of EU Nationals Article 8 ECHR (family and Private Life) Proportionality in Deportation Risk of Re Offending Effect of Deportation Order on Leave to Remain

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Parties

SM (Bulgaria)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal erred in law in dismissing the applicant's appeal against deportation
  2. 2 Whether the Upper Tribunal properly assessed the risk of re-offending
  3. 3 Whether the Upper Tribunal correctly interpreted the effect of a deportation order on leave to remain

Ratio Decidendi

The application does not meet the second appeals test as the Upper Tribunal's decision was a factual assessment within its remit as a specialist tribunal, and no important point of principle or compelling reason for further appeal was demonstrated.

Court Disposition

Application for permission to appeal refused

Orders

  • Renewed application for permission to appeal is refused