[2011] UKSC 12
). This duty was not performed, either at the time of making the deportation decision or when several opportunities to do so presented themselves subsequently at the review stages which materialised. All of these errors are perpetuated in the written and oral submissions advanced on behalf of the Secretary of State. 29. Given the errors of law in the Secretary of State’s decision diagnosed above, the decision of the FtT cannot stand and is hereby set aside. No further hearing is required in order to determine the appeal (an issue which I canvassed with the representatives at the conclusion of the hearing). The Secretary of State’s decision is unsustainable in law and the appeal succeeds accordingly. The result is that a lawful decision has not yet been made in this case. It is now incumbent on the Secretary of State to reconsider the series of decisions and position statements in the history of this case and to make a lawful decision, duly guided by this judgment.
- Introduction
- Chronology
- The Secretary of State’s Decision
- Appeal to the FtT
- Appeal to this Tribunal
- Two Significant Pieces of Evidence
- The Issues Considered
- applied)
- Pham v Secretary of State for the Home Department
- Nationality Decrees in Tunis and Morocco case
- R (Ku) v Secretary of State for the Home Department
- Hamza v Secretary of State
- Kaur
- Persons born in the United Kingdom after commencement
- Persons born in a British overseas territory after commencement
- Persons born in the United Kingdom or a dependent
- Persons born outside the United Kingdom and the overseas territories after commencement
- Persons born stateless before commencement
- Supplementary
- never
- [2011] UKSC 12
- Notice of Decision
- FEE AWARD
