Case details

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

Case ID: UKSC 2019/0010

Case summary

Issue

Is the Court of Justice of the European Union's admonition that a non-EU citizen who is the primary carer for an EU citizen child may only be deported in "exceptional circumstances" a summary of the conditions that must be met to justify deportation, or an additional threshold?

Facts

Cherrie Ann-Marie Robinson, a Jamaican national, was convicted of supplying a Class A drug (cocaine) in the UK in 2006. The Home Secretary sought to deport her but in the course of her lengthy appeal proceedings she had a son who is a UK citizen, and for whom she is the primary carer.

Ms Robinson's appeal against deportation was dismissed by the First-tier Tribunal. The Upper Tribunal found that there were errors of law in the First-tier Tribunal's decision, set it aside and remade it, allowing Ms Robinson's appeal.

The Court of Appeal allowed the Home Secretary's appeal. Ms Robinson now appeals to the Supreme Court.

Judgment appealed

[2018] EWCA Civ 85

Parties

Appellant(s)

Robinson (Jamaica)

Respondent(s)

Secretary of State for the Home Department

Appeal

Justices

Lady Black, Lord Lloyd-Jones, Lord Sales, Lord Burrows, Lord Stephens.

Hearing start date

16 Nov 2020

Hearing finish date

16 Nov 2020