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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 >> Secretary of State for the Home Department v HH (Iraq) [2009] EWCA Civ 727 (14 July 2009) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2009/727.html Cite as: [2010] INLR 78, [2009] EWCA Civ 727 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
IA/01739/2007
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE TOULSON
and
LORD JUSTICE RIMER
____________________
SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Appellant |
|
- and - |
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HH (IRAQ) |
Respondent |
____________________
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Mr Rabinder Singh QC and Mr Mark Symes (instructed by Immigration Advisory Service) for the Respondent
Hearing date: Wednesday 24 June 2009
____________________
Crown Copyright ©
Lord Justice Sedley :
"Enforcement action should not be taken against Nationals who originate from countries which are currently active war zones."
Those exempt from deportation
The following are exempt from deportation:
- British citizens – This includes:
(a) anyone born in the UK or the Falkland Islands prior to 1 January 1983;
(b) anyone born in the UK or the Falkland Islands on or after 1 January 1983, or in any other qualifying territory (see below) on or after 21 May 2002, whose father (if legitimate) or mother is a British citizen or settled in the UK or relevant territory (as the case may be);
Note: An illegitimate child whose father is British does not automatically qualify for British citizenship, but may be legitimated by the subsequent marriage of his parents.
(c) anyone who was a British overseas territories citizen immediately before 21 May 2002 by connection with a "qualifying territory" (i.e. a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus)
- those with the right of abode in the UK;
- under section 7 of the 1971 Act, Irish and Commonwealth citizens who have been ordinarily resident in the United Kingdom and Islands for the last 5 years at the date of any decisions to deport;
- those who are exempt from control by virtue of their diplomatic status (section 8(3) of the 1971 Act as amended by section 4 of the 1988 Act and section 6 of the 1999 Act).
- those who are exempt from control by virtue of their consular status (section 8(4) of the 1971 Act);
- anyone born outside the UK prior to 1 January 1983 who is a Commonwealth citizen whose mother was a citizen of the UK and Colonies by birth at the time of the birth. Such people have the right of abode under section 2(1)(b) of the 1971 Act but are not British citizens;
- Enforcement action should not be taken against nationals who originate from countries which are currently war zones. Country Information Policy Unit (CIPU) or Enforcement Policy Unit (EPU) will provide advice in this.
24A Deception
(1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him—
(a) he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or
(b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
(2) "Enforcement action", in relation to a person, means—
(a) the giving of directions for his removal from the United Kingdom ("directions") under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;
(b) the making of a deportation order against him under section 5 of this Act; or
(c) his removal from the United Kingdom in consequence of directions or a deportation order.
Lord Justice Toulson:
Lord Justice Rimer: