Mr Aziz,
the Secretary of State’s decision noted that he had three British citizen children aged 5, 14 and 17 years. This Appellant was represented before the FtT. The presentation of his case included a written statement. This recounted that prior to his incarceration he was the family’s sole bread winner, working as a taxi driver. His children were in full time education. The family was now wholly dependent upon state benefits. His wife and children had visited him during his imprisonment. Following his release from prison in December 2015 any contact with his children had been supervised, involving an appointed Social Services supervisor. His childrens’ maternal grandparents lived in the United Kingdom. He had a strong bond with his wife and children. In his evidence to the Tribunal this Appellant elaborated on his written statements and explained that (by reason of the licence conditions) he was living apart from his family, in Manchester. In evidence to the Tribunal, this Appellant’s spouse testified that all three children were “ bright in their education ”. She described the adverse impact on the family arising out of her husband’s imprisonment and the continuing separation. Similar evidence, both written and oral, was given by the oldest child of the family, a son aged 17. He confirmed the role of his maternal grandparents in their lives. This Appellant’s assertion in examination in chief that he looked after his children financially and accompanied them to and from school, without illumination or elaboration, was plainly misleading.
- 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
