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02 February 2024
Issue: 8057 / Categories: Case law , In Court , Law digest
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Law digests: 2 February 2024

Deportation

Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18, [2024] All ER (D) 83 (Jan)

The Court of Appeal, Civil Division, allowed the appellant Secretary of State’s appeal from a decision of the Upper Tribunal (UT) which had dismissed its appeal and concluded that the First-tier Tribunal (FtT) made no error of law. The appellant sought to deport the respondent, an EU citizen who had committed serious sexual offences in the UK. The FtT and UT concluded that the respondent’s removal from the UK would infringe his rights under the EU Treaties as implemented by the Immigration (European Economic Area) Regulations 2016 (the 2016 Regulations) and his right to respect for private and family life under art 8 of the European Convention on Human Rights (ECHR). The appellant alleged that the: (i) FtT had erred in law by misapplying the 2016 Regulations; and (ii) the judge wrongly treated the issue of proportionality arising under art 8 of the ECHR as identical to the one arising under the 2016 Regulations. The court held, among other things, that

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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