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Case details

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

Case ID: 2020/0174

Case summary

Issue

In what circumstances is it “unduly harsh” to deport a foreign criminal in light of that person’s family life in the United Kingdom, and when are there “very compelling circumstances” against deportation?

Facts

HA and RA are non–British nationals from Iraq. Both of them are in settled relationships with British women and they both have a child or children who are British nationals. They both committed criminal offences for which they were sentenced, HA to 16 months’ imprisonment and RA to 12 months’ imprisonment.

The Secretary of State decided to deport HA and RA but they each successfully appealed to the First-tier Tribunal. Following the Secretary of State’s successful appeal to the Upper Tribunal, the Upper Tribunal remade the deportation decision in each of their cases. The Upper Tribunal decided that the effect of HA’s or RA’s deportation on their partner and children would not be “unduly harsh” under section 117C(5) of the Nationality, Immigration and Asylum Act 2002 and that there were no “very compelling circumstances” which would make deportation a disproportionate interference with HA’s or RA’s Article 8 ECHR rights (or the Article 8 rights of their partners or children) under section 117C(6). HA and RA appealed to the Court of Appeal and the Court of Appeal allowed their appeals. The Secretary of State now appeals to the Supreme Court.

Judgment appealed

[2020] EWCA 1176

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)

HA

Appeal

Justices

Lord Reed, Lord Hamblen, Lord Leggatt, Lord Stephens, Lord Lloyd–Jones

Hearing start date

17 May 2022

Hearing finish date

18 May 2022

Watch hearing
17 May 2022 Morning session Afternoon session
18 May 2022 Morning session Afternoon session
 

Future Judgment Update

Please note that appeal in the matter of HA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) has been heard by the Supreme Court and is currently awaiting judgment.

As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.