2023 Judicial Review Success: Deportation Order Quashed for Procedural Impropriety

In a groundbreaking 2023 ruling, the Upper Tribunal Immigration and Asylum Chamber quashed a deportation order against a non-EEA national due to breaches of procedural fairness under the Immigration Rules and the common law duty to act fairly. The Home Office had failed to consider medical evidence submitted late but within a reasonable extension request period.

This case reaffirms the relevance of judicial oversight in administrative decisions and the need for proportionality under Article 8 ECHR. The solicitors applied for Judicial Review, invoking Section 6 of the Human Rights Act 1998 and paragraphs 398–399 of the Immigration Rules. The Tribunal found the decision unlawful due to failure to provide adequate reasoning under *MK (Tunisia) \[2011] UKUT 00375 (IAC)*.

Why Haleys Solicitors?

Our immigration department has successfully challenged complex refusals and removals through Judicial Review and appeals. With in-house BSB-regulated barristers and expertise in high-stakes immigration litigation, Haleys Solicitors provides end-to-end legal support from our offices in Birmingham, Sheffield, and Bradford.

Call: 0121 285 3211