AA Nigeria - Article 8, Public interest and error of law (ILPA Monthly) (16 November 2020)

Director Tamana Aziz’s case (AA Nigeria) is featured in ILPA Monthly. After attracting a deportation notice, AA made submissions to challenge the notice, these representations were refused and so he appealed to the First-tier Tribunal (FTT) and succeeded. However, the Secretary of State then challenged the FTT decision to the Upper Tribunal and she was successful. The Upper Tribunal remade the decision dismissing AA’s appeal. AA appealed to the Court of Appeal and permission was granted on 5 June 2019. AA challenged the Upper Tribunal’s decision on two grounds, firstly that there was no lawful basis to overturn finding of FTT the Upper Tribunal was wrong to find an error of law the decision of FTT was not irrational or perverse. In the second ground AA argued that the UT applied the wrong legal test in concluding that the unduly harsh test had not been met, in remaking the decision and substantively refusing AA’s appeal. The full article can be accessed by logging in to ILPA.