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Deportation case law since KO(Nigeria) – a glimmer of light from the Supreme Court, but clouds on the horizon

Journal of Immigration, Asylum and Nationality Law

Edited by:
Alan Desmond
Publisher:
Bloomsbury Professional
Publication Date:
February 2024
(2023) Vol 37, No 2 IANL Introduction: the new legal regime leads to a clearer approach Definition of foreign criminal – ‘serious harm’ and ‘persistent offender’ (s 117D(2)(c)) Consideration of the tests in s 117C(4) – Exception 1 Consideration of the tests in s117C(5) – ‘unduly harsh’ ‘very compelling circumstances’ – s117C(6) An interlude on the role of the Upper Tribunal Evidential requirements Wider legal issues: delay, legitimate expectation and retrospectivity Further legal issues: removability, fresh claims and art 3 harm Conclusion ...

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