R (on the application of Abidoye) v Secretary of State for the Home Department



[2020] EWCA Civ 1425

The Appellant had previously won a deportation appeal based on his family life and been granted leave to remain. Although he had not reoffended and his family life had not changed, the Secretary of State made a fresh deportation decision, relying on the stricter criteria introduced by the Immigration Act 2014.

The Appellant contended (1) that the absence of express retrospectivity provisions meant the new Part 5A could not apply to someone who had previously won an appeal and whose circumstances remained the same; and (2) that s6 of the Human Rights Act 1998 meant the courts should entertain the present argument notwithstanding his former representatives’ failure to raise it in earlier proceedings.

The claim was unsuccessful in the High Court and Court of Appeal; an application has been made to the European Court of Human Rights.

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