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02/03/2021
The Court of Appeal gave guidance to the proper approach to deciding whether there were “very compelling circumstances” not to deport a foreign national offender- the test in section 117C of the Nationality, Immigration and Asylum Act 2002. William Irwin represented the Secretary of State.
The Appellant, who had been brought to the UK by his parents when he was one, challenged his deportation. The Court of Appeal decided that the First Tier Tribunal and Upper Tribunal had erred in approaching the question of the weight to be given to social and cultural integration into the UK for the purposes of Article 8 ECHR where, as in CI’s case, the appellant had been in the UK since shortly after birth but had only been lawfully present in the UK for short periods of time.