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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> BS (Congo) v The Secretary of State for the Home Department [2017] EWCA Civ 53 (07 February 2017) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2017/53.html Cite as: [2017] EWCA Civ 53, [2017] 4 WLR 45 |
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Mrs Justice
Simler DBE
DA/01997/2013
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B e f o r e :
LADY
JUSTICE
RAFFERTY
LORD
JUSTICE
MCFARLANE
and
LORD JUSTICE
HAMBLEN
____________________
BS(CONGO) |
Respondent |
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- and - |
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THE SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Appellant |
____________________
John Paul Waite (instructed by Government Legal Department) for the Appellant
Hearing date: 31st January 2017
____________________
Crown Copyright ©
"We very much bear in mind the public interest."
"We accept that the appellant chose to have children in the UK when his status was not only uncertain but where he could have been deported at any time."
"Given that the appellant's sentence was completed before his marriage and the birth of his children in this case we cannot see how the maintenance of effective immigration control and the aim of preventing disorder or crime has any particular relevance in this case."
Conclusion
Lord Justice
McFarlane:
Lord Justice Hamblen: