MI (Pakistan) –v- The Secretary of State for the Home Department

Thursday 4th November 2021

A Deportation Order was made pursuant to S.32(5) UKBA 2007 following an 18 month prison sentence for assault occasioning actual bodily harm. He had entered with valid leave in 2010 and was then granted ILR. He has 3 British children under the age of 18 and a British partner. The SSHD considered that the time in prison had stopped the applicant from having a genuine and subsisting relationship with his children and that deportation would not be unduly harsh either in relation to the children or the partner.

The First Tier Tribunal allowed the appeal. It considered that the relationship with the children was genuine and subsisting and that the effect on the children and the partner would be unduly harsh.

The SSHD appealed. The Upper Tribunal allowed the SSHD’s appeal. The effect of deportation on the partner and children if they remain in the UK without the applicant would not be unduly harsh.

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