Source: All England Reporter
Publisher Citation: [2015] All ER (D) 220 (Jul)
Neutral Citation: [2015] UKUT 404 (IAC)
Court: Upper Tribunal (Immigration and Asylum Chamber)

Judge Latter

Representation Philippe Bonavero (instructed by Kilby Jones Solicitors LLP) for the claimant.
  David Mitchell (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 3 July 2015


Immigration - Deportation - Deportation order - Claimant Jamaican national seeking judicial review of defendant Secretary of State's decision refusing to revoke deportation order and certifying decision - Whether further representations raising matter unable to be raised in appeal - Whether defendant failing to consider best interests of claimant's son - .

The Case

Immigration Deportation. The claimant Jamaican national sought judicial review of the defendant Secretary of State's decision, refusing to revoke a deportation order and to certify that decision under of the Nationality, Immigration and Asylum Act 2002. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the fact that the claimant could rely on the passage of time, which he had not been able to do so when challenging the deportation order, clearly amounted to a new matter and that the decision could not be certified.

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