Charles (human rights appeal: scope) [2018] UKUT 00089 (IAC), where the case went before Mr Justice Lane (President) and Upper Tribunal Judge McWilliam, in the Upper Tribunal.
The matter was heard on the 19th of December 2017, and this was related to a criminal matter, where deportation order was served to the claimant. The Home Office also served a certificate notice under section 94B of the Nationality, Immigration and Asylum Act 2002. A judicial review application was lodged against the certification claim and Secretary of State decided to withdraw from this and granting a right to appeal in the UK.
Section 3(5) of the 1971 Act provides that a person who is not a British citizen is liable to deportation from the United Kingdom if the Secretary of State deems his deportation to be conducive to the public good. Section 3(6) provides that a person who is not a British citizen shall also be liable to deportation if, after attaining the age of 17, he is convicted for an offence punishable with imprisonment and on conviction is recommended for deportation by a court empowered to do so.
The Immigration Act 1971 came into force on the 1st January 1973 and those who have been in the UK prior to that, became an ordinary resident. It would appear the claimant was in the UK prior to that and the matter was then allowed by the First Tier Tribunal Judge.
The Judge on paragraph 12 of the Upper Tribunal Judge made the following remarks:
At paragraph 16, Upper Tribunal Judge Pitt said as follows:-
“16. The appeal was allowed as the First-tier Tribunal purported to exercise a jurisdiction no longer open to it, finding that the respondent acted unlawfully in failing to obtain proper information on when the appellant came to the UK before making a deportation order and in failing to provide that information when formally requested to do so by the appellant and the Tribunal. There was no statutory jurisdiction for allowing an appeal on that basis and in doing so the First-tier Tribunal fell into legal error.”
Taking advice from ICS Legal on UK Immigration Appeals
We at ICS Legal will provide guidance and correct advice on UK visa refusals, removal or deportation. We know that when an application is refused or being asked to leave the UK, you want to understand the best options.
As a UK regulated firm since 2006, we have the experience and knowledge to help on the immigration, nationality, human rights or EEA law. You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com.
