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Immigration – Deportation – Right to respect for private and family life – Refusal of leave to appeal. Court of Session: Granting a petition seeking judicial review of a decision of the Upper Tribunal (UT) refusing permission to appeal against a decision of the First Tier Tribunal (FTT) dismissing an appeal against a decision that the petitioner did not fall within an exception to the requirement to make a deportation order in respect of a 'foreign criminal', the court concluded that the FTT denied the petitioner the right to a fair hearing and the UT erred in holding that the grounds he advanced disclosed no arguable error in the FTT's decision.
Immigration – Deportation – Right to respect for private and family life – Refusal of leave to appeal. Court of Session: Granting a petition seeking judicial review of a decision of the Upper Tribunal (UT) refusing permission to appeal against a decision of the First Tier Tribunal (FTT) dismissing an appeal against a decision that the petitioner did not fall within an exception to the requirement to make a deportation order in respect of a 'foreign criminal', the court concluded that the FTT denied the petitioner the right to a fair hearing and the UT erred in holding that the grounds he advanced disclosed no arguable error in the FTT's decision.
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