Case details

KO (Nigeria) (Appellant) v Secretary of State for the Home Department (Respondent)

Case ID: UKSC 2016/0107

Case summary

Issue(s)

Whether a court or tribunal is entitled to take into account parental misconduct when deciding whether the effect of deportation of a child with whom the foreign criminal has a parental relationship would be "unduly harsh" under s.117C(5) of the Nationality Immigration and Asylum Act 2002 / para 399 of the Immigration Rules 2014.

Facts

The Appellant is a national of Nigeria. He came to the UK illegally in 1986. He has a wife and five children. His wife and eldest daughter have indefinite leave to remain and the four other children are British citizens. He was convicted of conspiracy to make false representations and sentenced to 20 months’ imprisonment. The Secretary of State made the decision to deport him. He appealed to the First-tier Tribunal who allowed his appeal on the basis that he fell into the exception provided for under s.117C(5) the Nationality Immigration and Asylum Act 2002 / para 399 of the Immigration Rules as the effect of his deportation would be unduly harsh on his children. The Respondent appealed to the Upper Tribunal which set aside this decision and remade it, dismissing the Appellant’s appeal on the basis that the First-tier Tribunal had failed to take into account the public interest in deportation when considering whether the effect of the Appellant’s deportation would be unduly harsh on his children. The Court of Appeal upheld the decision of the Upper Tribunal.

Judgment appealed

[2016] EWCA Civ 450

Parties

Appellant(s)

KO

Respondent(s)

Secretary of State for the Home Department

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Reed, Lord Carnwath, Lord Briggs

Hearing start date

17 Apr 2018

Hearing finish date

18 Apr 2018

Watch hearing
17 Apr 2018 Morning session Afternoon session
18 Apr 2018 Morning session Afternoon session