Deportation Order Appeal Case Update: Court of Appeal rules that the Public Interest in Deporting a Foreign National Criminal was not Outweighed under the New Integration Test

When appealing a Deportation Order, the new ‘Integration Test’ is applied in considering whether the Applicant would face “very significant obstacles” to his integration into the country of his removal from the UK. The recently heard case of AS v Secretary of State for the Home Department (“SSHD”) [2017] ECWA 1284 (“ Deportation Order Appeal Case ”) concluded that the public interest in the Applicant’s deportation was not outweighed on the basis that it was not accepted that the Applicant would face very significant obstacles to his integration back into Iran. The Court of Appeal in this case drew a distinction between the old defunct test in respect of loss of ties to the country of removal and the new applicable integration test in respect of whether there are very significant obstacles to the Applicant’s integration back into the country of removal. The Court of Appeal’s decision has shown that the new integration test is widely applied based on generic factors which makes challenging Deportation Orders complex and difficult.

Background to AS v SSHD – Deportation Order Appeal Case

The Applicant is an Iranian national born on 4 October 1995, who first entered the UK at the age of 9 with his mother, on 24 February 2005. They were granted Indefinite Leave to Remain (“ILR”) under the family reunion policy as his father had been granted ILR as a refugee in 2004. From 2009 to 2013, the Applicant was convicted on numerous offences from attempted robbery to possession of an offensive weapon. On 15 November 2013, the Secretary of State (“SoS”) decided that the Applicant should be deported from the UK and served a Deportation Order on him.

The Applicant made representation challenging the Deportation Order and the SoS decided that the public interest in the Applicant’s deportation from the UK was not outweighed by other factors which include interference with his private and family life in the UK and therefore not breach his Article 8 ECHR rights. The Applicant appealed to the First Tier Tribunal (“FtT”) and appeal was allowed in the Applicant’s favour. The SoS appealed to the Upper Tribunal (“UT”) and the UT found that the FtT had materially erred in law by applying the old rules addressing the lack or loss of ties to the country of removal as opposed to the new rules addressing the very significant obstacles to integration back to the country of removal. Consequently the decision was overturned and the Applicant’s appeal was dismissed. The Applicant appeal further to the Court of Appeal, who had made the last decision in AS v SSHD – Deportation Order Appeal Case.

The Court of Appeal’s Decision in AS v SSHD – Deportation Order Appeal Case

The Deportation Order Appeal  Case before the Court of Appeal was that, despite it being conceded by the Applicant’s representative that the FtT had in fact applied the wrong test, the Applicant’s representative argued that even on application of the correct test, the Applicant should still have succeeded as based on the facts and evidence it was immaterial which test was applied as it was clear that the fact that the Applicant had no ties to Iran meant that there would be very significant obstacles to his integration back to Iran.

In drawing a distinction between the old rules on lack or loss of ties to country of removal and the new applicable test on whether there were very significant obstacles to the Applicant’s integration to country of removal, the Court of Appeal held in dismissing the Applicant’s appeal that the UT were correct in finding the material error of law by the FtT in applying the wrong test under the old rules and the UT was also correct in applying generic factors, such as being good health, capability of working, ability to speak the local language, ability to adapt to Iranian culture, intelligence, academic abilities and character; in determining that there were not very significant obstacles to the Applicant’s integration back to Iran. The Court of Appeal therefore found that the public interest in the Applicant’s deportation from the UK was not outweighed.

What does the AS v SSHD case mean for a Deportation Order Appeal Case?

The decision in AS v SSHD (Deportation Order Appeal case) has made it clear that challenging a Deportation Order is hugely complex and difficult and that in order to outweigh the public interest in preventing the deportation of an Applicant, a very through and detailed analysis would have to be undertaken as to the Applicant’s exceptional and very compelling circumstances and consideration of the generic public interest factors to be able to show to the appropriate standard that there are very significant obstacles to the Applicant’s integration to the country of removal (which is often the country of origin). Therefore, it is important to obtain specialist legal advice from our immigration solicitors and barristers before challenging a Deportation Order to ensure that your Deportation Order Appeal Case is prepared as strongly as possible and is successful.

The Court of Appeal judgment can be accessed here: AS v Secretary of State for the Home Department [2017] EWCA 1284 LEXVISA Solicitors and Barristers

Using Legal Representation in a Deportation Order Appeal Case

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to challenge your deportation from the UK in a Deportation Order Appeal Case.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Deportation Order Appeal Case

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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