First-tier Tribunal erred materially where it had allowed an appeal based on ECHR, art 8
Secretary of State for the Home Department v MA (Somalia)  EWCA Civ 48
- Related Member(s):
- Hugh Southey QC
- Related Practice Area(s):
- Civil Liberties and Human Rights, Immigration, Asylum and Free Movement
- Court of Appeal (Civil Division)
Whether the First-tier Tribunal had erred materially where it had allowed an appeal based on ECHR, art 8. Held: finding in favour of the Secretary of State, the matter was remitted to the Upper Tribunal for reconsideration. The Court gave three reasons for quashing the decision of the FTT, i) the FTT failed to acknowledge the “great weight” that ought to be attached to the public interest in favour of deporting a foreign criminal ii) the FTT failed to recognise of how serious the respondent’s offending was, and iii) the FTT failed to consider the case “through the lens” of paragraph 398 of the Immigration Rules.
Hugh Southey QC was involved in this case.