‘Unduly Harsh’ is an Ordinary English Expression

United Kingdom Immigration Law Blog

005MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450 (20 April 2016)

These proceedings are about two foreign criminals, a drug dealer (MM, a Ugandan) and a fraudster (KO, a Nigerian). They pour cold water over the theory that criminally minded individuals are able to overcome expulsion from the UK against the odds by clever use of human rights law. Automatic deportation under section 32 of the UK Borders Act 2007 is avoidable where a foreign criminal can demonstrate under human rights law that the effect on a qualifying child or partner would be unduly harsh. In circumstances where the deportation of a foreign criminal leads to the violation of ECHR rights, then under section 33(2)(a) of the 2007 Act that person should not be deported. The Immigration Act 2014 added fresh flavour to article 8. Because of conflicting tribunal authority…

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