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United Kingdom convention rightsgrounds procedural impropriety

Secretary of State for the Home Department v SC (Jamaica)

[2022] UKSC 15
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2022
StatusBinding authority

Summary

UKSC clarified the appellate approach to FTT findings on whether deportation of a foreign criminal would be unduly harsh on children under Article 8 ECHR.

Key Principle

deportation; Article 8 ECHR; foreign criminal; unduly harsh on children; proper appellate approach to FTT findings

Area of Law

immigration

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Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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