AK (Sierra Leone) v Secretary of State for the Home Department

Immigration – Deportation. Where a Home Office presenting officer had made concessions before the First-tier Tribunal (Immigration and Asylum Chamber) that the appellant foreign national had satisfied one of the exceptions to the deportation of foreign criminals, as contained in s 117C of the Nationality, Immigration and Asylum Act 2002, and that he had met the similar provisions of para 399A of the Immigration Rules, the FTT had been entitled to accept those concessions, and it would be unjust to allow the respondent Secretary of State to later withdraw them. So held the Court of Appeal, Civil Division, in respect of the appellant, who had been deported to Sierra Leone, following his commission of criminal offences in the United Kingdom. In his initial (successful) out of country appeal to the FTT, the appellant had argued that he fell within the relevant exception on the basis that he had children in the UK, where he had lived since he was aged seven, raising issues under art 8 of the European Convention on Human Rights. It was conceded, among other things, that he faced significant obstacles re-integrating into Sierra Leone, which the FTT had accepted. The Upper Tribunal (Immigration and Asylum Chamber) had later allowed the Secretary of State's appeal from the FTT's decision. The Court of Appeal, in allowing the appellant's appeal, held that it would be unjust to allow the Secretary of State, having conceded on all points, to resurrect her case and withdraw the concessions, and that the UT had not given a good reason for allowing her to take that course. The court held that, if a claimant fell within the relevant exception, he was entitled to revocation of the deportation order. The FTT's decision was reinstated.

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