(3) For the purposes of subsection (2)(b), a person subject to an order under—
(a) section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc), (b) section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or (c) Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc), has not been convicted of an offence.
- DETERMINATION AND REASONS
- Basis for Respondent’s Decision
- Appellant’s Grounds of Appeal before the First-tier Tribunal
- Appeal in the First-tier Tribunal
- YM (Uganda) v Secretary of State for the Home Department
- The Secretary of State’s appeal
- Appeal in the Upper Tribunal
- Legislative framework
- (1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
- (2) In considering the public interest question, the court or tribunal must (in particular) have regard—
- (3) In subsection (2), “the public interest question” means the question of whether an interference with a person’s right to respect for private and family life is justified under Article 8(2).
- (1) In this Part—“Article 8” means Article 8 of the European Convention on Human Rights;
- (2) In this Part, “foreign criminal” means a person—
- (3) For the purposes of subsection (2)(b), a person subject to an order under—
- (4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
- Consideration and findings
- KMO (section 117 – unduly harsh) Nigeria
- DECISION