BA (Nigeria) (Respondent) (FC) v Secretary of State for the Home Department (Appellant) and others

Case summary

Case ID

UKSC/2009/0098

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)

BA (Nigeria)

Issue

In the absence of a fresh asylum or human rights claim, is the right of appeal against the Home Office’s refusal to revoke a deportation order exercisable from within the United Kingdom?

Facts

BA is a Nigerian national married to a British citizen with whom he has four children. He has lived in the United Kingdom since 1988, first as a student and then by virtue of a grant of indefinite leave to remain on the basis of his marriage. He was served with a deportation decision after his early release on licence from a 10-year sentence for drug importation. His appeal to the AIT on human rights grounds against the decision failed, and a deportation order was made. The Home Secretary agreed to consider representations on his behalf seeking revocation of the deportation order. BA accepts that these representations did not amount to a fresh human rights claim. The Home Secretary accepts that the new claim is not without foundation and has not sought to certify it as such. When nevertheless the Home Secretary declined to revoke the deportation order, BA’s lawyers issued the judicial review claim which was before the Court of Appeal, contending that he was entitled to conduct his appeal against the refusal from within the United Kingdom.

Date of issue

8 April 2009

Judgment appealed

Judgment details

Judgment date

26 November 2009

Neutral citation

[2009] UKSC 7

Judgment links

Judgment summary

26 November 2009

Appeal

Justices

Lord Hope

Lord Scott

Lord Rodger

Lady Hale

Lord Brown

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