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England and Wales Court of Appeal (Civil Division) Decisions
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  EWCA Civ 53 (07 February 2017)
Cite as:  EWCA Civ 53,  4 WLR 45
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Mrs Justice Simler DBE
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MCFARLANE
LORD JUSTICE HAMBLEN
|- and -
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
John Paul Waite (instructed by Government Legal Department) for the Appellant
Hearing date: 31st January 2017
Crown Copyright ©
Lady Justice Rafferty:
"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."
Lord Justice McFarlane:
Lord Justice Hamblen: