IT (Jamaica) (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2016/0184
The weight to be given to the public interest when considering whether a refusal to revoke a deportation order against a foreign criminal would be "unduly harsh" on his British citizen child in terms of section 117C(5) of the Nationality, Immigration and Asylum Act 2002.
The appellant is a Jamaican national who is married to a British citizen. They have a son, born in 2002, who is also British and has special educational needs. In 2009 the appellant was sentenced to 42 months’ imprisonment for supplying class A drugs. A deportation order was issued and, after unsuccessfully appealing, he was deported in 2010. He applied from Jamaica to have the order, revoked. This was refused by the SSHD. The First-tier Tribunal allowed his appeal, finding that the effect of the continuation of the deportation order would be "unduly harsh" on his son. The UT dismissed the SSHD’s appeal but the Court of Appeal allowed it.
Secretary of State for the Home Department
Lord Kerr, Lord Wilson, Lord Reed, Lord Carnwath, Lord Briggs
Hearing start date
17 Apr 2018
Hearing finish date
18 Apr 2018
|17 Apr 2018||Morning session||Afternoon session|
|18 Apr 2018||Morning session||Afternoon session|