Fri, 24 Apr 2020
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.
The Judgment can be viewed here.
James Dixon was instructed by Jagjeet Kaur of Duncan Lewis.