SS (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2013 in appeals, deportation, families, human rights, immigration, law reports by tracey

SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550;   [2013] WLR (D)  192

“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”

WLR Daily, 22nd May 2013