Immigration – Deportation

Immigration – Deportation.

The Upper Tribunal (Immigration and Asylum Chamber) considered, in a human rights appeal, the significance of a person having had, in the past, an entitlement to apply to be registered as a British citizen, at the Secretary of State’s discretion and the significance of a person being a citizen of the EU (other than as a British citizen). It concluded that the matters weighing in favour of Secretary of State, representing the public interest, firmly outweighed the matters weighing in favour of the appellant, by a considerable margin.

The judgment is available at: [2019] UKUT 356 (IAC)

The present proceedings concerned the re-making of the decision on the appellant’s appeal against the refusal of his human rights claim by the respondent Secretary of State. Among the issues that fell to be considered in deciding the human rights appeal, which turned upon art 8 of the European Convention on Human Rights, were the significance of a person having had, in the past, an entitlement, on application, to be registered as a British citizen or (as in the present case) an entitlement to apply to be so registered, at the Secretary of State’s discretion and the significance of a person being a citizen of the EU (other than as a British citizen), particularly with regard to the operation of Pt 5A of the Nationality, Immigration and Asylum Act 2002.

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