Ali v Secretary of State for the Home Department

This appeal concerned the deportation of a foreign criminal. The Supreme Court was asked to consider the approach to be taken by tribunals when considering a claim under article 8 of the European Convention on Human Rights in the context of a decision to deport a foreign criminal. The appellant, Hesham Ali, is an Iraqi national who had lived in the United Kingdom since 2000. He was convicted of drug offences in 2006 and sentenced to four years’ imprisonment. After his release from prison, the Secretary of State made a deportation order against him on the basis that his deportation was conducive to the public good. The appellant appealed against the order, on the ground that it would breach his rights under article 8. The appeal was allowed by the Upper Tribunal, but was subsequently overturned by the Court of Appeal. The Supreme Court allowed an appeal by the appellant against the decision of the Court of Appeal. The court held that the Court of Appeal had misunderstood the approach to be taken when considering an article 8 claim in the context of a decision to deport a foreign criminal. The Court of Appeal had considered that the new rules on deportation which came into force in 2012 were a complete code for article 8 claims. However, the Supreme Court held that the rules were not a complete code and that tribunals should give due weight to the public interest in deporting foreign criminals, but also consider all factors relevant to the specific case in question. The Supreme Court also held that the Court of Appeal had failed to properly consider the appellant’s article 8 claim. The appeal was allowed, and the decision of the Upper Tribunal was restored.