Mr Khan,
who was unrepresented, there is no indication that any witness statement or other documentary evidence was presented. The Tribunal’s decision records that this Appellant gave evidence and notes the following (referring to one of the members of the panel of three Judges): “ Judge Baird asked the Appellant some questions to ascertain the circumstances of him and his family. The Appellant confirmed that he is still on licence, the terms of which prohibit him from going to Rochdale. He lives in Swinton, Manchester. He is working part time in a carpet shop. His wife is still living in Rochdale. He has one son aged 7 who is living with his mother in a council property. He does not see his child. He explained that this was because the social worker will not allow it. He has no telephone contact either. He has cousins, nephews and his wife’s family in the UK and he is in contact with them. His wife is a British citizen as is his son …
He did see his son when he was in prison. He was asked whether his wife had said how his absence is affecting his son and he responded that the child is very upset and it is affecting his education. His wife lives on state benefits and is struggling financially so their son does not get the things that he needs. ” (b) The third Appellant,
- 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
