Antonio (appellant) v The Secretary of State for the Home Department (respondent)
Tuesday 10 – Wednesday 11 May 2022
Second appeal. Nationality disputed. Father is Portuguese and mother Jamaican but neither country has given nationality. He appeals against a decision of the respondent made on 9 July 2013 that he is a person to whom section 32(5) of the UK Borders Act 2007 applies on the basis that he had been sentenced to 9 years’ imprisonment for robbery, attempted robbery and possession of an imitation firearm with intent. He was released in 2013. It is a limbo case in that, if returned to Jamaica it is likely that he will not be accepted and will be returned to the UK. An issue is as to whether the applicant has been co-operative in obtaining documentation in order to avoid deportation. There have been previous revoked deportation orders and judicial review proceedings.
The FTT dismissed the appeal. The UT found an error of law and considered the matter afresh at a separate hearing.
The UT dismissed the appeal. It distinguished between actual and prospective limbo. The applicant was in actual limbo The applicant’s credibility was undermined by repeated lies and he had not given all the evidence available to him to establish nationality. The applicant claimed to be Portuguese but the authorities there had no record of his father. The SSHD conceded that the applicant is neither Jamaican nor Portuguese. There were no very compelling circumstances over and above those in paragraphs 399 or 399A and the applicant had failed to show that the SSHD’s decision was wrong.