Brenda Efurhievwe’s vulnerable client had his Deportation Appeal allowed on human rights grounds.
The elderly appellant had spent the majority of his life in the UK and had not visited his country of origin since arriving in the UK as a teenager. Despite his lawful residence in the UK for several decades, the client’s Indefinite Leave to Remain was revoked, due to repeat, non-violent offending behaviour. While none of his convictions met the 12-month threshold, the Home Secretary deemed his deportation conducive to the public good.
The matter was complicated by the client’s cognitive impairment impacting his ability to conduct proceedings. Once these challenges came to light, the Appellant’s legal team successfully applied for the appointment of a Litigation Friend, relying on a specialist Psychiatrist Report and Capacity Certificate.
The Appellant’s complex offending history, and the public interest in his removal, had to be balanced against the private life he established in the UK with his family, his complex medical needs, as well as his severely impaired ability to look after his own needs, without his family’s support.
Relying on caselaw and Home Office policy, Brenda was able to counter arguments alleging that the client’s decades’ long integration in the UK ought to be vitiated by his persistent offending. With reference to medico-legal reports and country expert evidence, Brenda successfully demonstrated that there would be very significant obstacles to the Appellant’s integration into his country of origin.
The Appeal was allowed on the basis of both the private life exception and very compelling circumstances in the appellant’s case, which outweighed the public interest in his deportation.
Brenda was instructed by Bail for Immigration Detainees, in relation to this matter.
Brenda accepts instructions in all aspects of Immigration and Public Law, as well as related Civil Law matters.
Related barristers: Brenda Efurhievwe (Efu-rie-ve)
Related practice areas: Immigration and Public Law
