England and Wales Case Law

Secretary of State for the Home Department v AA (Poland)

Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 (19 January 2024)

Court of Appeal allowed the Secretary of State’s appeal against a deportation decision, holding the tribunal erred on integration, threat assessment, proportionality, and Article 8 analysis.

• Deportation of eea nationals
• Proportionality in deportation
• Article 8 echr (private and family life)
• Citizens' rights directive 2004/38/ec
• Integration and public policy
• Serious and imperative grounds for expulsion

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Hussein v Secretary of State for the Home Department

Court of Appeal considered EEA deportation protections, holding that the appellant failed on ten years’ residence but the serious-grounds test needed reconsideration.

• Deportation of eea nationals
• Permanent residence rights
• Continuous residence
• Public policy and public security grounds
• Proportionality in deportation
• Integration assessment

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Hussein v Secretary of State for the Home Department

Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020)

Court of Appeal partly allowed an EEA deportation appeal, remitting the case because the tribunal had not clearly applied the Regulation 21(3) serious grounds test.

• Deportation of eea nationals
• Permanent residence rights
• Continuous residence
• Public policy and public security grounds
• Proportionality in deportation
• Integration assessment

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Lopes v Secretary of State for the Home Department

The Court of Appeal held that the First-tier Tribunal made no material error in accepting enhanced protection under EEA Regulation 21(4) and restored its decision.

• Deportation of eea nationals
• Enhanced protection under eea regulations
• Withdrawal of legal concessions
• Proportionality in deportation
• Integration assessment
• Eea-deportation

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SC (Zimbabwe) v Secretary of State for the Home Department

The Court of Appeal upheld a deportation decision, holding that the appellant was a persistent offender under the Immigration and Asylum Act 2002.

• Deportation of foreign criminals
• Interpretation of 'persistent offender'
• Article 8 echr
• Proportionality in deportation
• Weight of secretary of state's view
• Application of immigration rules and nationality, immigration and asylum act 2002

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SM (Bulgaria) v Secretary of State for the Home Department

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

The Court of Appeal refused renewed permission to appeal against deportation, holding the case raised no important point of principle or compelling reason for a second appeal.

• 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
• Deportation

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

The Court of Appeal held that the tribunals had erred in law in their Article 8 deportation analysis and sent the case back to the First-tier Tribunal.

• Deportation of foreign criminals
• Article 8 echr (right to family life)
• Interpretation of immigration rules
• Proportionality in deportation
• Children's best interests in deportation cases
• Deportation-of-foreign-criminals

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

MM (Jamaica) v Secretary of State for the Home Department [2015] EWCA Civ 1239 (23 July 2015)

Court of Appeal held that the tribunals erred in applying Article 8 and deportation rules for a foreign criminal, and remitted the case for reconsideration.

• Deportation of foreign criminals
• Article 8 echr (right to private and family life)
• Interpretation of immigration rules
• Proportionality in deportation
• Best interests of children in deportation cases
• Deportation-of-foreign-criminals

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Danso v Secretary of State for the Home Department

Danso v Secretary of State for the Home Department [2015] EWCA Civ 596 (11 June 2015)

Court of Appeal upheld dismissal of an Article 8 challenge to deportation, holding that the appellant’s relationship, rehabilitation and residence did not outweigh the public interest.

• Deportation of foreign criminals
• Article 8 echr (private and family life)
• Interpretation of immigration rules
• Proportionality in deportation
• Rehabilitation and risk of re-offending
• Immigration-law

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FZ (China) v Secretary of State for the Home Department

FZ (China) v Secretary of State for the Home Department [2015] EWCA Civ 550 (23 April 2015)

The Court of Appeal dismissed FZ’s challenge to deportation, holding that Article 20 TFEU and the Zambrano principle did not apply because his British citizen child was not de facto compelled to leave the UK.

• Deportation of foreign criminals
• Derivative rights of residence
• Article 20 tfeu
• Zambrano principle
• Best interests of the child
• Proportionality in deportation

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