March 14, 2023
Immigration Law
2023 Judicial Review Success: Deportation Order Quashed for Procedural Impropriety
In a pivotal 2023 ruling, the Upper Tribunal Immigration and Asylum Chamber quashed a deportation order against a non-EEA national due to procedural unfairness under the Immigration Rules and common law duty to act fairly. The Home Office had failed to consider late medical documents provided on behalf of the appellant—yet within a reasonable request for extended deadlines.
The Tribunal relied upon MK (Tunisia) [2011] UKUT 00375 (IAC), emphasising the importance of due process and proportionality safeguarded by Article 8 ECHR and proper reasoning obligations. Legal foundations included the Human Rights Act 1998 (s6) and relevant Tribunal Procedure Rules.
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