Arifuzzaman Rana v First-Tier Tribunal (Immigration & Asylum Chamber)
[2024] EWCA Civ 1211
Emilio Branco-Bonfim, R (on the application of) v Secretary of State for the Home Department
20 November 2024
[2024] EWCA Civ 1421
Court of Appeal
A man was deported from the UK, returned illegally, and had his human rights claim rejected. The government tried to use an old rule to block him from appealing in the UK. The Court ruled that the government was wrong and couldn't stop him from appealing. The government might have been able to block the appeal under a different rule, but didn't properly use it, so the Court allowed the appeal.
Key Facts
- •Mr. Emilio Branco-Bonfim, a Portuguese national, was deported from the UK in 2019 after convictions for violent disorder and drug offenses.
- •He returned to the UK illegally and made a human rights claim under Article 8 ECHR.
- •The Home Secretary refused his claim, stating that the public interest in deportation outweighed his right to private and family life.
- •The Home Secretary relied on an earlier certification (2018) under the Immigration (EEA) Regulations 2016 to deny Mr. Branco-Bonfim an in-country appeal.
- •The Upper Tribunal held the reliance on the earlier certification was unlawful but refused relief under section 31(2A) of the Senior Courts Act 1981.
Legal Principles
Interpretation of paragraph 2 of Schedule 2 of the Immigration (EEA) Regulations 2016 regarding certification and in-country appeals.
Immigration (EEA) Regulations 2016, Schedule 2, paragraph 2
Application of section 31(2A) of the Senior Courts Act 1981 regarding refusal of relief in judicial review where the outcome would likely be the same.
Senior Courts Act 1981, section 31(2A)
Right of appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 and the conditions for in-country vs. out-of-country appeals under section 92.
Nationality, Immigration and Asylum Act 2002, sections 82, 92, 94, 94B
The meaning of “removal” in the context of regulation 33 of the EEA Regulations and its application to subsequent removals.
Immigration (EEA) Regulations 2016, regulation 33
Outcomes
The Court of Appeal allowed the appeal and dismissed the cross-appeal.
The Home Secretary was not entitled to rely on the 2018 certification to deny an in-country appeal in 2020. The court found it was not 'highly likely' that the Home Secretary would have certified the 2020 claim under section 94(1) of the 2002 Act, which has a higher threshold than the regulation 33 test.