Secretary of State for the Home Department v KD (Jamaica) [2015] EWCA Civ 911 (08 July 2015)

Secretary of State for the Home Department v KD (Jamaica) [2015] EWCA Civ 911 (08 July 2015)

Permission to appeal is granted because the jurisdictional issue regarding service of the deportation order is compelling and goes to the heart of the tribunal's authority to hear the case. Other grounds are arguable and should be considered alongside the jurisdictional issue.

Citation
[2015] EWCA Civ 911
Parties
Applicant/respondent: Secretary of State for the Home Department; Respondent/appellant: KD (Jamaica)
Jurisdiction
England and Wales
Judgment Date
08 July 2015
Procedural Posture
Immigration Appeal / Application for Permission to Appeal to Court of Appeal From Upper Tribunal
Outcome
Permission to appeal granted on all grounds.
Legal Topics
Deportation, Article 8 ECHR, Jurisdiction of Tribunals, Immigration Rules
Immigration Law Human Rights Law Deportation Article 8 ECHR Jurisdiction of Tribunals Immigration Rules

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Parties

Secretary of State for the Home Department

Applicant/respondent

KD (Jamaica)

Respondent/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Upper Tribunal had jurisdiction to entertain the appeal given the deportation order was not served
  2. 2 Whether the Upper Tribunal applied the correct immigration rules
  3. 3 Whether sufficient weight was given to the public interest in deportation

Ratio Decidendi

Permission to appeal is granted because the jurisdictional issue regarding service of the deportation order is compelling and goes to the heart of the tribunal's authority to hear the case. Other grounds are arguable and should be considered alongside the jurisdictional issue.

Court Disposition

Permission to appeal granted on all grounds.

Orders

  • Permission to appeal to the Court of Appeal is granted on all grounds.