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Ranjiv Khubber in successful Article 8 appeal in Court of Appeal
2 May 2017
In Akinyemi v SSHD  EWCA Civ 236 the Court of Appeal (Sir Terence Etherton MR, Davis LJ, Underhill LJ, judgment 4 April 2017), allowed the Appellant’s appeal against the decision of the Upper Tribunal which had previously dismissed his appeal against the SSHD’s decision to deport him under Article 8 ECHR. The Court ordered that the appeal be reheard by the UT and gave important guidance on various issues in relation to the consideration of Article 8 in deportation cases. In particular, the Court considered that i). the UT erred in giving a too broad interpretation to unlawful residence under s.117B ii). as a matter of law it was wrong to describe a person’s presence as unlawful when they were not in breach of any specific legal obligation and when there was no legal right to remove them, especially where a person had an absolute right to acquire British nationality and iii). considered that a flexible approach needed to be taken to the application of Part 5A NIAA 2002. The Court refused the SSHD’s application for permission to appeal to the Supreme Court.
The Appellant was represented by Ranjiv Khubber with Richard Drabble QC, instructed by Turpin Miller LLP.Back to News