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William Irwin represents Home Secretary in Court of Appeal

25th November 2019

Judgment was handed down by the Court of Appeal in CI (Nigeria) v SSHD [2019] EWCA Civ 2027. The case concerned the proper application of Part 5A of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002).

The court rejected the Appellant’s case that he had been in the UK lawfully for most of his life, clarifying the scope of the court’s judgment in SC (Jamaica) v SSHD [2017] EWCA Civ 2112; [2018] 1 WLR 4004. The Court accordingly dismissed his claim to meet the exception to deportation set out in s.117C(4) NIAA 2002.

The court however continued to find that there were errors in the way the Upper Tribunal had applied s.117C(6) NIAA 2002. That section provides that where there are very compelling circumstances over and above the statutory exceptions to deportation provided in s.117C NIAA the public interest in deportation may be outweighed by an individual’s rights under article 8 ECHR. The appeal was allowed on this ground and remitted to the Upper Tribunal for rehearing.

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