First-tier Tribunal had erred in approach to Immigration Rules, where deportation of foreign criminal was concerned


Re: MM (Jamaica) v Secretary of State for the Home Department [2015] EWCA Civ 1239

Whether the Upper Tribunal had erred in not allowing the Secretary of State’s appeal against a decision of the First-tier Tribunal that the deportation of a foreign criminal to Jamaica would breach his and his children’s ECHR, art 8 rights. The Court held that the First-tier Tribunal’s approach to the Immigration Rules had been erroneous, and that they had not properly considered the public interest in deporting foreign criminals.

Hugh Southey was involved in this case.