Deportation

Question 1

The case of OH (Serbia) (2008) said that there were three aspects to the public interest in deportation. What are they?

Answer 1

• Risk of reoffending
• Deterrence of foreign nationals from offending
• Deportation as an expression of revulsion at serious crimes

Question 2

Which case set out the three aspects of the public interest in deportation?

Answer 2

OH (Serbia) (2008)

Question 3

What does UK Borders Act 2007 s32 say?

Answer 3

SSHD must make a deportation order for someone convicted of an offence of 12 months or more (subject to limited exceptions)

Question 4

When is the SSHD obliged to make a deportation order?

Answer 4

Under s32 UK Borders Act 2007, when a person has received a sentence of imprisonment of 12 months or more (or it’s a specified offence with any sentence of imprisonment)

Question 5

What is the private life exception to deportation under the Immigration Rules para 13.2.3?

Answer 5

Where:
(a) The foreign national has been lawfully resident in the UK for most of their life
(b) They are socially and culturally integrated in the UK, and
(c) There would be very significant obstacles to their integration into the country to which they are to be deported

Question 6

What is the family life exception to deportation under the Immigration Rules para 13.2.4?

Answer 6

The person has:

1. A parental relationship with a child who is British or has lived here for 7 years, or
2. A partner relationship with someone who is British or settled (which didn’t begin under precarious immigration status), and:

It would be unduly harsh for the child/partner to live in the country that the person is being deported to, and also unduly harsh to stay in the UK without the foreign national

Question 7

When it comes to an Article 8 family life exception to deportation, what is the key phrase that describes what life would have to be like for the partner/child were deportation to go ahead?

Answer 7

“unduly harsh”

NB: It must be that it would be unduly harsh either (1) To move country or (2) To stay in the UK without the deported person

Question 8

Under the Immigration Rules, when can Article 8 be used by a person who is to be deported if they have been sentenced to four years or more in jail?

Answer 8

Only if there are very compelling circumstances (over and above those set out in the exceptions for those with a 1-4 year sentence (i.e., the “unduly harsh” and “very serious obstacles” tests)

Question 9

A person is liable to deportation if the SSHD…

Answer 9

…deems his deportation to be conducive to the public good (s3(5) IA 1971)

Question 10

What happened in Sanambar v SSHD (2021)?

Answer 10

• Appellant came from Iran to the UK at a young age with his mother
• He committed robbery at knifepoint as a youth and sentenced to 3 years in a YOI
• It was found there were not “very serious obstacles” to his integration in Iran
• He did not read or write Farsi and his only connection was his mother’s friend