Case details

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

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Case ID: UKSC 2017/0211

Case summary

Issue

Whether the right to appeal against the refusal of a ‘human rights claim’ pursuant to s.82 of the Nationality, Immigration and Asylum Act 2002 includes determinations by the Secretary of State that further submissions do not amount to a ‘fresh claim’ under para.353 of the Immigration Rules

Facts

The appellant is a citizen of Jamaica, who has lived in the UK since his arrival at the age of 7 in 1998. In 2013 the Secretary of State decided to deport him to Jamaica following his convictions for serious offences. He appealed to the First-tier Tribunal (FTT), on grounds that this would breach his right to private life under art.8 ECHR. The FTT dismissed that appeal. The appellant subsequently made further representations alleging that the birth of his son strengthened his right under art.8 to remain in the UK. The Secretary of State concluded that the further representations did not amount to a ‘fresh claim’ under the Immigration Rules. The FTT declined to hear an appeal from this decision on the ground that it did not fall within the category of ‘human rights claims’ in s.82 of the 2002 Act from which an appeal could be brought. The appellant issued a claim for judicial review, contending that he did have a further right of appeal to the FTT.

Parties

Appellant

Robinson

Respondent

Secretary of State for the Home Department

Appeal

Justices

Lady Hale, Lord Wilson, Lady Black, Lord Lloyd-Jones, Lady Arden

Hearing start date

15 Nov 2018

Hearing finish date

15 Nov 2018

Watch hearing
15 Nov 2018 Morning session Afternoon session