Secretary of State for the Home Department v MA (Somalia)

Immigration – Deportation. The respondent, MA, originated from Somalia and came to the United Kingdom, where he was granted indefinite leave to remain. MA was convicted of rape and attempted rape, for which he was sentenced to ten years' imprisonment, and a decision to deport him to Somaliland was served. The First-tier Tribunal (Immigration and Asylum Chamber) allowed MA's appeal against the deportation decision and the Upper Tribunal (Immigration and Asylum Chamber) (the tribunal) dismissed the appellant Secretary of State's appeal. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held, inter alia, that the FTT's error in having considered the case outside the Immigration Rules had been a material error of law and the matter would be remitted to the tribunal for reconsideration.

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