‘Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020): In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the ECtHR found a violation of article 8 of the ECHR. Mr Unuane was deported after a conviction for offences relating to falsification of 30 applications for leave to remain in the UK and he was sentenced to five years and six months’ imprisonment, his appeal was unsuccessful. His Nigerian partner was also convicted of the same offence and, along with their three minor children, she was initially subject to a deportation order as well. Unlike Mr Unuane, their appeals were allowed, owing to the best interests of the children, and they remained in the UK. The SSHD was obliged to make a deportation order against Mr Unuane section 32(5) of the UK Borders Act 2007. The SSHD considered that he was a “foreign criminal” as defined by section 32(1) of the 2007 Act and accordingly his deportation, by virtue of section 32(4) of the 2007 Act, was deemed to be conducive to the public good. The FTT dismissed his appeal but the UT found that the FTT had materially erred in law. The UT found that “the wife needs him and she is staying” and “the boys need him”. However, it held that there were no “very compelling circumstances” and it dismissed the appeal. Reliance placed in Hesham Ali v SSHD [2016] UKSC 60 failed to satisfy the Court of Appeal which refused permission to appeal in 2017.’

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EIN Blog, 17th December 2020

Source: www.ein.org.uk