Source: All England Reporter
Publisher Citation: [2015] All ER (D) 290 (Mar)
Neutral Citation: [2015] EWCA Civ 251
Court: Court of Appeal, Civil Division

Sullivan and Treacy LJJ and Sir Stanley Burnton

Representation Philippe Bonavero (instructed by Trott & Gentry) for PF.
  Mathew Gullick (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 25 March 2015


Immigration - Appeal - Deportation - Respondent Secretary of State deciding to deport appellant Nigerian citizen - First-tier Tribunal (Immigration and Asylum Chamber) (FTT) allowing appellant's appeal - Upper Tribunal (Immigration and Asylum Chamber) (tribunal) allowing Secretary of State's appeal - Appellant appealing - Whether tribunal erring in failing to uphold legitimate expectation of appellant that leave would be granted and appeal not pursued - Whether presiding member of FTT erring in exercising casting vote - Whether FTT erring in law.

The Case

Immigration Appeal. The appellant Nigerian citizen's appeal against deportation was allowed by the First-Tier Tribunal (Immigration and Asylum Chamber) (the FTT). The Upper Tribunal (Immigration and Asylum Chamber) allowed the Secretary of State's appeal. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held, inter alia, that, in the circumstances, the FTT presiding judge had erred in exercising his casting vote. Further, the FTT had not identified, as it should have done, the features of PF's case that had amounted to compelling reasons or the exceptional circumstances justifying the success of his appeal, and its consideration of and emphasis on PF's rehabilitation had been mistaken.

Practice Areas

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