Hesham Ali v Secretary of State for the Home Department: Supreme Court finds that the public interest outweighs Article 8 private and family life in Deportation cases

The Supreme Court delivered another significant judgement in the appeal concerning Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60. The appeals tackled the issue of whether foreign criminals subject to a deportation order can rely on their Article 8 ECHR rights to challenge the Deportation Order made against them. The Supreme Court held that, unless exceptional and compelling reasons are shown, the public interest in favour of deporting foreign criminals outweighs their private and family life under Article 8 ECHR.  

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Successful Challenge of Deportation Order applications can be submitted by LEXVISA Solicitors

Hesham Ali v SSHD: Summary of Case

This case concerned a challenge to a deportation order made in respect of the Appellant, an Iraqi national, following his unlawful entry into the UK, his failed asylum claim, and his conviction for Class A and C drug possession with intent to supply for which he was imprisoned for four years.

The Appellant appealed to the First-tier Tribunal but his appeal was dismissed. The Appellant further appealed to the Upper Tribunal, which set aside the First-tier Tribunal’s decision and allowed the appeal under Article 8 ECHR. The Secretary of State appealed the Upper Tribunal’s decision to the Court of Appeal, which allowed the appeal and remitted the matter to the Upper Tribunal. The Appellant then appealed the matter further to the Supreme Court.

Supreme Court Decision on Hesham Ali v SSHD – Supreme Court upholds Court of Appeal decision

By a majority of 6 to 1, the Supreme Court in Hesham Ali v SSHD dismissed the appellant’s appeal, holding that the Immigration Rules were a relevant and important consideration which should have been taken into account when assessing the proportionality of the interference with the Appellant’s Article 8 ECHR rights. Therefore, the Supreme Court held that there is a presumption in favour of deportation of foreign criminals in the public interest and that only exceptional and compelling reasons in the alternative, which were not found in this case, could outweigh the public interest in the offender’s deportation over the countervailing considerations of private or family life where there has been a custodial sentence of four years or more.

The full Supreme Court judgement can be found at: Hesham Ali v SSHD LEXVISA Immigration Solicitors London.

What does the Hesham Ali v SSHD ruling mean for challenging Deportation Orders?

The Supreme Court ruling in Hesham Ali v SSHD makes it abundantly clear that in the most serious criminal history, where the individual has been handed a sentence of four year or more, it is more likely than not that the public interest in deporting the individual outweighs any Article 8 ECHR private and family life that the individual may be said to have in the UK. It is only in the most exceptional circumstances that countervailing consideration of private and family life under Article 8 ECHR could successfully challenge a Deportation Order and have it withdrawn. In respect of lesser serious offences, where the sentences is less than four years, the proportionality exercise and the balancing assessment between the public interest and private and family life under Article 8 ECHR is less stringent and on a proper assessment of the individual’s private and family life under Article 8 ECHR can successfully challenge a Deportation Order.

Using Legal Representations to challenge a Deportation Order

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 submit a successful challenge to a Deportation Order. Such applications can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the process. 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.

Advice from LEXVISA UK Immigration Solicitors on successfully challenging a Deportation Order

Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules.

If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.

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.


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