Deportation: Substance over Form

Deportation: Substance over Form

It has become an unwritten policy of the Home Office to appeal whenever they lose a deportation case.

As a consequence, the CA has been very busy of late dealing with the consequences of this.

In SSHD v Quarey ²⁰¹⁷ EWCA Civ 47 the CA reiterated that when making decision, the substance not appearance of determinations is what is important. Whilst the “balance sheet” approach of setting out pros and cons was advocated, the CA emphasised that the appeal process is not “tick-box” and the tribunal is not to be criticised for failing to rehearse, mantra-like, the separate ingredients of the public interest in favour of deporting foreign criminals or the statutory origin of the policy on deportation.

Dafydd Paxton
19.05.17