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

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against the determination of the Upper Tribunal (Immigration and Asylum Chamber) (the UT), dismissing her appeal against the determination of the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT), which had allowed an appeal by a foreign offender (RF), against a deportation order made against him. RF had argued that his deportation would be in breach of art 8 of the European Convention on Human Rights, in circumstances where his wife and daughter were British nationals. The court, having considered ss 32(5) and 33(2) of the UK Borders Act 2007, and paras 398, 399 and 399A of the Immigration Rules, held that the FTT had been entitled to allow RF's appeal, having regard to the very strong evidence in his and his family's favour, and that the UT had been right to dismiss the Secretary of State's appeal.

Category: