Source: All England Reporter
Publisher Citation: [2017] All ER (D) 64 (Aug)
Neutral Citation: [2017] EWCA Civ 1126
Court: Court of Appeal, Civil Division
Judge:

Sir James Munby P, David Richards and Irwin LJJ

Representation Marcus Pilgerstorfer (instructed by the Government Legal Department) for the Secretary of State.
  Jacques Rene (instructed by Debridge Solicitors) for GD.
Judgment Dates: 25 July 2017

Catchwords

Immigration - Appeal - Deportation

The Case

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.

Practice Areas

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