Kaur (Section 55/Public Interest Interface)
[2017] UKUT 14 (IAC). In MK , this Tribunal held that where a breach of section 55(1) is canvassed, the onus rests on the Appellant to establish this on the balance of probabilities and there is no onus on the Secretary of State. This is not contested by these Appellants. 32. In
- Introduction
- Abdul Aziz
- Statutory Framework
- The Secretary of State’s Decisions
- content
- The Secretary of State’s Decisions Analysed
- Permission to Appeal
- GROUND 1: THE SECTION 55 ISSUE
- Khan
- Mr Khan,
- Mr Rauf,
- Mr Aziz,
- The FtT’s Approach
- context
- legal
- only
- naturalisation
- JO and Others (Section 55 Duty) Nigeria
- MK (Section 55 – Tribunal Options) Sierra Leone
- Kaur (Section 55/Public Interest Interface)
- JO Nigeria
- twofold
- MK Sierra Leone
- possibility
- Kaur
- SS (Nigeria) v Secretary of State for the Home Department
- in the circumstances of this case
- in this decision-making context
- right
- duty
- Deliallisi
- Delliallisi
- nature
- GROUND 2: THE EU LAW ISSUE
- G1 v Secretary of State for the Home Department
- Pham
- AB (Nigeria v Secretary of State for the Home Department
- their fathers
- future
- R (G1)
- GROUND 3: THE POLICY ISSUE
- Paragraph 2.5:
- Paragraph 2.6:
- Paragraph 2.7:
- Paragraphs 2.20 – 2.21:
- might
- serious
- serious organized crime
- policy
- R (Alconbury Developments) v Secretary of State for the Environment, Transport and the Regions
- What is crucial is that the policy must not fetter the exercise of the discretion.
- R v Secretary of State for the Home Department, ex parte Ozminnos
- In Re McFarland
- GROUND 4: THE ARTICLE 8 ECHR ISSUE.
- GROUND 5: THE PART 5A NIAA 2002 ISSUE
- A Footnote
- OMNIBUS CONCLUSION
- Dated