||All England Reporter
|| All ER (D) 64 (Aug)
|| EWCA Civ 1126
||Court of Appeal, Civil Division
Sir James Munby P, David Richards and Irwin LJJ
||Marcus Pilgerstorfer (instructed by the Government Legal Department) for the Secretary of State.
||Jacques Rene (instructed by Debridge Solicitors) for GD.
||25 July 2017
Immigration - Appeal - Deportation
Immigration Appeal. The First-tier Tribunal (Immigration and Asylum Chamber) (FTT) and the Upper Tribunal (Immigration and Asylum Chamber) (UT) made decisions against the deportation of the respondent Ghanaian national. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held that, erroneously, weight had been given to a non-existent residence order and the FTT and UT had failed to take account of the potentially significant factor of a voluntary return by the respondent's family to Ghana or to consider or explain the weight to be attached to that factor. The case would be remitted to a freshly-constituted FTT for a re-hearing.
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