(4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
(a) do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect); (b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time; (c) include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and (d) include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.
- 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