The Upper Tribunal (Asylum and Immigration Chamber) has reported its determination in the case of the Appellant Michael Abayomi Williams and the Respondent, the Secretary of State for the Home Department.

The Appellant was born in Nigeria and has three children who are British Citizens. The Appellant was considered to pose a low risk of re-offending despite having criminal convictions. Most recently, the Appellant was sentenced to a term of 21 months imprisonment for conspiracy to make false representations in July 2012.

The Secretary of State notified the Appellant in November 2012 of his liability to deportation. The decision to deport was dismissed on July 2013.

In May 2015, the Appellant was removed from the UK. The Appellant filed a Human Rights Claim from Nigeria, where the refusal generated the present proceedings.

The Upper Tribunal was considering what liability to deportation means and the implications of 117B (6).

The Upper Tribunal found:

(1)   a person who has been deported under a deportation order that remains in force is a person who is liable to deportation within the meaning of section 3 of the Immigration Act 1971 and is therefore unable to bring himself within section 117B(6) of the Nationality, Immigration and Asylum Act 2002.

(2)   By the same token, the fact that such a person has been deported does not mean he or she is thereby able to avoid the application of the considerations listed in section 117C.

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You can view a full copy of the judgement here.