PF (Nigeria) v Secretary of State for the Home Department

Immigration – Appeal. The appellant Nigerian citizen's appeal against deportation was allowed by the First-Tier Tribunal (Immigration and Asylum Chamber) (the FTT). The Upper Tribunal (Immigration and Asylum Chamber) allowed the Secretary of State's appeal. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held, inter alia, that, in the circumstances, the FTT presiding judge had erred in exercising his casting vote. Further, the FTT had not identified, as it should have done, the features of PF's case that had amounted to compelling reasons or the exceptional circumstances justifying the success of his appeal, and its consideration of and emphasis on PF's rehabilitation had been mistaken.

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