S M v Secretary Of State For The Home Department
[2024] UKUT 323 (IAC)
The Secretary of State for the Home Department v TC
14 June 2023
[2023] UKUT 164 (IAC)
Upper Tribunal
A man from Zimbabwe won an appeal to stay in the UK. A lower court let him stay, but a higher court reviewed the case and said the lower court hadn't explained its decisions well enough on some important points. The higher court agreed the man should stay but only after fixing how the lower court reached its decisions.
Key Facts
- •TC, a Zimbabwean national, arrived in the UK in 2014 with indefinite leave to enter due to his mother's refugee status.
- •TC was convicted of kidnapping and actual bodily harm in 2018, receiving a 42-month sentence.
- •He had previous convictions and cautions.
- •The Home Secretary issued a deportation order and intended to revoke his refugee status.
- •TC claimed he was not a danger to the community and remained eligible for refugee status, supported by the UNHCR.
- •The refusal decision certified that the s.72 presumption applied, revoked his refugee status, and concluded there was no breach of Article 3, ECHR or Article 8, ECHR.
- •TC's appeal skeleton argument (ASA) complied with Practice Statement No. 1 of 2022, providing a concise outline of factual case, issues, and submissions.
- •The ASA included detailed evidence regarding TC's mental health, including reports from a community psychiatric nurse, a registered mental health nurse, and a trainee clinical psychologist.
- •The Home Secretary's review failed to engage meaningfully with the additional evidence presented in the ASA.
Legal Principles
Practice Statement No. 1 of 2022 emphasizes identifying issues in dispute and focusing on relevant evidence and law.
Practice Statement No. 1 of 2022
Section 72 of the Nationality, Immigration and Asylum Act 2002 creates a presumption that individuals convicted of serious crimes are a danger to the community.
Nationality, Immigration and Asylum Act 2002, s.72
Article 3 of the ECHR prohibits inhuman or degrading treatment.
European Convention on Human Rights, Article 3
Article 1C(5) of the Refugee Convention allows for cessation of refugee status if the circumstances in connection with which it was granted have ceased to exist.
Refugee Convention, Article 1C(5)
Section 117C of the 2002 Act and paragraphs 398-399 of the Immigration Rules relate to deportation of medium offenders and exceptions for lawful residence, social integration, and undue harshness.
Nationality, Immigration and Asylum Act 2002, s.117C; Immigration Rules, paras 398-399
Adequate reasons must be provided for decisions, enabling understanding of conclusions on principal controversial issues.
Heywood in South Bucks County Council v Porter [2004] UKHL 33
Outcomes
Appeal allowed on grounds 1, 2, and 5.
Inadequate reasoning by the FTT regarding the s.72 presumption, cessation of refugee status, and the 'unduly harsh' test under Exception 2.
Appeal dismissed on grounds 3 and 4.
FTT's conclusions regarding Article 3 and Exception 1 were adequately reasoned and supported by evidence.
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