||All England Reporter
|| All ER (D) 198 (Oct)
|| EWCA Civ 1141
||Court of Appeal, Civil Division
Brooke, Wall and Moore-Bick LJJ
||John Walsh (instructed by Birnberg Peirce & Partners) for the claimant.
||Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
||29 July 2005
Immigration - Deportation - Refugee - Asylum - Immigration Appeal Tribunal finding deportation of asylum seeker not leading to interference with right to family life - Whether tribunal in error.
The adjudicator, in concluding that to return the claimant to Turkey would be a disproportionate interference with his right to family life in the United Kingdom, had made an error of law in failing to direct himself that there would only be a small minority of exceptional cases where a decision made in accordance with immigration control would be disproportionate. The Immigration Appeal Tribunal had, accordingly, been entitled to allow the Secretary of State's appeal against that decision.
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