Source: All England Reporter
Publisher Citation: [2015] All ER (D) 58 (Feb)
Neutral Citation: [2015] EWCA Civ 48
Court: Court of Appeal, Civil Division

Lord Justice Richards, Lord Justice Ryder and Sir Colin Rimer

Representation Kate Grange (instructed by the Treasury Solicitor) for the Secretary of State.
  Hugh Southey QC (instructed by Wilson Solicitors LLP) for MA.
Judgment Dates: 5 February 2015


Immigration - Deportation - Appeal - Respondent, MA, originating from northern Somalia and being granted indefinite leave to remain in United Kingdom - MA being convicted of rape and attempted rape and being sentenced to ten years' imprisonment - Decision to deport MA to Somaliland being served - First-tier Tribunal (Immigration and Asylum Chamber) (FTT) allowing MA's appeal against deportation decision - Upper Tribunal (Immigration and Asylum Chamber) (tribunal) dismissing appellant Secretary of State's appeal - Whether FTT making material error of law - Whether, as MA contending, tribunal having power to set aside grant of permission to appeal - Tribunal Procedure (Upper Tribunal) Rules 2008, .

The Case

Immigration Deportation. The respondent, MA, originated from Somalia and came to the United Kingdom, where he was granted indefinite leave to remain. MA was convicted of rape and attempted rape, for which he was sentenced to ten years' imprisonment, and a decision to deport him to Somaliland was served. The First-tier Tribunal (Immigration and Asylum Chamber) allowed MA's appeal against the deportation decision and the Upper Tribunal (Immigration and Asylum Chamber) (the tribunal) dismissed the appellant Secretary of State's appeal. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held, inter alia, that the FTT's error in having considered the case outside the Immigration Rules had been amaterialerror of law and the matter would be remitted to the tribunal for reconsideration.

Practice Areas

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