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

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0128

Parties

Appellant(s)

Secretary of State for the Home Department (SSHD)

Respondent(s)

Darius Hirtie

Issue

(1) What is the correct test in law for the “very compelling circumstances” element of s.117C(6) Nationality, Immigration and Asylum Act 2002? (2) When can a party revive an argument which has been withdrawn in a court below?

Facts

The Respondent is a Romanian national who came to the UK in 2016 and was subsequently granted limited leave to remain until 2026. He has two children with his long-term partner, all of whom are also Romanian nationals. In September 2021, the Respondent was convicted of possessing a knife in a public place, driving with excess alcohol, and driving without insurance. In August 2022, he pled guilty to wounding with intent to cause grievous bodily harm. For the GBH offence and his breach of the community order imposed for the 2021 offending, he received an aggregate sentence of 39 months’ imprisonment. In light of his convictions, the Respondent is classed as a foreign criminal and so falls within the automatic deportation regime. The SSHD rejected the Respondent’s Article 8 ECHR submissions based on the impact his deportation would have on his partner and children and decided to deport him to Romania. This decision was overturned in the First-tier Tribunal, with the Upper Tribunal and the Court of Appeal refusing the SSHD’s appeals. The SSHD now seeks permission to appeal to the Supreme Court.