In a determination handed down very recently, in case HU/16349/2018, Upper Tribunal Bruce allowed an appeal by a South African national who had been in the UK since a very young age. It was a long-running and complex case, involving a very vulnerable appellant. The judge was satisfied that the very high test to challenge deportation in cases involving sentences of more than 4 years was met in this case, due to the great difficulties the appellant would have in integrating into South Africa and accessing the necessary treatment, having regard – inter alia – to the discrimination he would likely face there. While not material to the decision, there is also illuminating treatment of the importance of eligibility for British Citizenship, in this instance when a young person was in the care of the local authority who arguably should have assured their immigration status.
James Dixon was instructed by Jagjeet Kaur of Duncan Lewis.
