BS (Congo) & Ors v Secretary of State for the Home Department

BS (Congo) & Ors v Secretary of State for the Home Department

None of the grounds advanced by the Secretary of State—whether based on new statutory provisions, the interpretation of 'exceptional circumstances' in the Immigration Rules, or the existence of a compelling reason—met the high threshold required for a second appeal. The issues raised were either already established in law or did not present a compelling reason for further appeal.

Parties
Respondent/appellant: BS (Congo); Respondent/appellant: LC (Angola); Respondent/appellant: LP (Zimbabwe); Respondent/appellant: HB (Jamaica); Applicant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
renewed applications for permission to appeal refused
Legal Topics
Deportation of Foreign Criminals, Article 8 ECHR, Exceptional Circumstances, Immigration Rules, Second Appeals Criteria
Immigration Law Human Rights Law Deportation of Foreign Criminals Article 8 ECHR Exceptional Circumstances Immigration Rules Second Appeals Criteria

Case Brief

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Parties

BS (Congo)

Respondent/appellant

LC (Angola)

Respondent/appellant

LP (Zimbabwe)

Respondent/appellant

HB (Jamaica)

Respondent/appellant

Secretary of State for the Home Department

Applicant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the cases raise an important point of principle or practice justifying a second appeal
  2. 2 Whether section 19 of the Immigration Act 2014 and new statutory criteria apply retrospectively to these cases
  3. 3 Whether factors under paragraphs 399 and 399A of the Immigration Rules can alone constitute 'exceptional circumstances' for Article 8 claims

Ratio Decidendi

None of the grounds advanced by the Secretary of State—whether based on new statutory provisions, the interpretation of 'exceptional circumstances' in the Immigration Rules, or the existence of a compelling reason—met the high threshold required for a second appeal. The issues raised were either already established in law or did not present a compelling reason for further appeal.

Court Disposition

renewed applications for permission to appeal refused