Akinyemi v Secretary of State for the Home Department (Akineymi No.2)


Practice Areas

Public Law

Cases Citation

[2019] EWCA Civ 2098; [2020] 1 W.L.R. 1843; [2020] 3 All E.R. 857

The Court of Appeal considered the proper approach to assessing the strength of the public interest in deporting a foreign national offender against his private article 8 ECHR interests. William Irwin represented the Secretary of State.

The Appellant had been in the UK since he was born. He had never obtained British nationality, despite being entitled to it for years. He had been convicted of various offences and was the subject of a deportation order.

The Court of Appeal held that, bearing in mind the exceptional circumstances of an offender who had been born in the UK and had been entitled to British nationality, the First Tier Tribunal and Upper Tribunal had not properly approached the balancing exercise between public and private interests.

Related Barristers

William Irwin

William Irwin
Year of Call: 2010