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Immigration – Appeal. The proceedings concerned two appeals, both of which raised issues regarding the proper approach for the Upper Tribunal (Immigration and Asylum Chamber) (the UT) to adopt in dealing with deportation of foreigners who had committed crimes while in the United Kingdom. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal in respect of each of the UT's determinations. It held that, in each case, the UT had erred in law, in having failed to interpret and apply the new Immigration Rules and had failed properly to balance the factors relevant to an assessment under art 8 of the European Convention on Human Rights.
Immigration – Appeal. The proceedings concerned two appeals, both of which raised issues regarding the proper approach for the Upper Tribunal (Immigration and Asylum Chamber) (the UT) to adopt in dealing with deportation of foreigners who had committed crimes while in the United Kingdom. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal in respect of each of the UT's determinations. It held that, in each case, the UT had erred in law, in having failed to interpret and apply the new Immigration Rules and had failed properly to balance the factors relevant to an assessment under art 8 of the European Convention on Human Rights.
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