Secretary of State for the Home Department v KD (Jamaica)

Secretary of State for the Home Department v KD (Jamaica)

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; other grounds are arguable and should be considered alongside the main issue.

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 From Upper Tribunal to Court of Appeal
Outcome
permission to appeal granted
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 From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal had jurisdiction 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 of foreign criminals

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; other grounds are arguable and should be considered alongside the main issue.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted on all grounds
  • No order for costs against the Secretary of State if the appeal succeeds