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Reported Case

Secretary of State for the Home Department v Said [2016] EWCA Civ 442 (06 May 2016) (6 May 2016)

Date: 06/05/2016
Duncan Lewis, Reported Case Solicitors, Secretary of State for the Home Department v Said [2016] EWCA Civ 442 (06 May 2016)

In the Court of Appeal (Civil Division) - On Appeal from the Upper Tribunal (Immigration & Asylum Chamber

The issue for determination in this appeal is whether the Upper Tribunal (Immigration and Asylum Chamber) ("UTIAC") was right to conclude that the deportation of the respondent, Mr Said ("AS"), to Somalia would violate his rights guaranteed by article 3 of the European Convention on Human Rights ("The Convention").

AS is a national of Somalia, now aged 32, who has lived in the United Kingdom since about 1995. His mother and siblings also live in this country, the last sibling having arrived in 2003, as did his father who is now dead. He was granted indefinite leave to remain in July 2003. On 22 June 2009 AS was convicted at Blackfriars Crown Court of two counts of rape. He was sentenced to five years' imprisonment and was subject to the automatic deportation provisions of the UK Borders Act 2007. Deportation proceedings were initiated to coincide with the end of the custodial element of his sentence. In due course, his appeal against the decision to deport came before the First-tier Tribunal (First-tier Tribunal Judge Blackford and Ms V Street (non-legal member)) ("the F-tT") who heard evidence on 28 June 2013 and 18 October 2013. AS resisted deportation relying upon articles 3 and 8 of the ECHR. His appeal was dismissed by a determination promulgated on 9 December 2013.

 

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