[2024] UKUT 00323 (IAC)

As a result of the criminal conviction, the appellant was liable to automatic deportation by operation of section 32(5) of the UK Borders Act 2007 (‘UKBA 2007’), subject to the exceptions set out in section 33. Exception 1 is where removal of the foreign criminal in pursuance of the deportation order would breach (a) a person’s Convention rights; or (b) the United Kingdom’s obligations under the Refugee Convention.

On 22 November 2019 the respondent made a decision to deport but there is no evidence to suggest that a deportation order was made as required by section 32(5) UKBA 2007. The only circumstance in which an automatic deportation order is not required to be made is when one of the exceptions contained in section 33 apply.

The respondent’s decision stated: ‘You have not demonstrated that any of the exceptions apply to you’ but went on to record that the appellant had been granted asylum and then ILR. It was noted that if a deportation order was made it would invalidate his ILR (section 5(1) Immigration Act 1971 (‘IA 1971’)). The respondent went on to say that: ‘if, despite your liability to deportation, there are legal reasons why you cannot be deported from the United Kingdom, consideration may be given to revoking your indefinite leave to remain in the United Kingdom under section 76 of the Nationality, Immigration and Asylum Act 2002’. If ILR was revoked, ‘a period of limited leave will be granted appropriate to your case.’

Under the heading ‘Protection Status’ the decision to deport went on to say that the appellant’s status ‘has not been considered within this decision’, but the Home Office would now consider whether it should continue in light of his liability to deportation. The appellant was invited to make representations as to why he continued to qualify for protection status and 'why your protection status should not be revoked, cancelled or ceased.’

Under the heading ‘Section 72’ the decision to deport outlined the provisions of Article 33(2) of the Refugee Convention. The decision stated that section 72 NIAA 2002 applied ‘for the purpose of the construction and application of Article 33(2) of the Refugee Convention’. The appellant was invited to make submissisons to rebut the presumption contained in section 72 that he had committed a particularly serious crime and constituted a danger to the community.

After 31 December 2020 the Qualification Directive no longer had effect in the United Kingdom.