R (on the application of OO (Nigeria)) v Secretary of State for the Home Department

Interim removal of foreign criminal pending appeal disproportionate interference with family rights – . The Court of Appeal, Civil Division, quashed the respondent Secretary of State's decisions to certify the appellant Nigerian national's deportation under s 94B of the Nationality, Immigration and Asylum Act 2002. Having considered the application of s 94B of the Act to new facts, it held that it would be disproportionate to remove the appellant from the United Kingdom pending his appeal against the deportation order, having regard to the best interests of his son and to the right to respect for family life.

Category: