IM v Secretary of State for the Home Department




The Appellant was a ‘foreign criminal’ following his conviction for an offence that had caused serious harm. In dismissing his deportation appeal, the Upper Tribunal found that the public interest was increased by multiple criminal offences of which the Appellant had been accused but not convicted. The Secretary of State was aware of these allegations but had chosen not to rely on them in her decision. Following grounds of appeal citing s117C(7) of the Nationality, Immigration and Asylum Act 2002, the Upper Tribunal reviewed and set aside its own decision, acknowledging that the unproven allegations should not have been considered. On a rehearing, very compelling circumstances were found and the appeal was allowed.

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