Case details

IT (Jamaica) (Appellant) v Secretary of State for the Home Department (Respondent)

Case ID: UKSC 2016/0184

Case summary

Issue(s)

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.

Facts

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.

Judgment appealed

[2016] EWCA Civ 932

Parties

Appellant(s)

IT

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

19 Apr 2018

Watch hearing
17 Apr 2018 Morning session Afternoon session
18 Apr 2018 Morning session Afternoon session
19 Apr 2018 Morning session - Not yet available Afternoon session - Not yet available