Akinyemi v Secretary of State for the Home Department

Immigration – Deportation. The Court of Appeal, Civil Division, allowed the appellant's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (the UT), dismissing his appeal against an order that he be deported to Nigeria. The reference in s 117B(4) of the Nationality, Immigration and Asylum Act 2002 to a person being in the United Kingdom 'unlawfully' was to their presence being in breach of UK law, not merely to their not having a positive vested right of residence and the UT had, accordingly, misdirected itself.

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