Mohan v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Deportation — Conducive to public good — Claimant overstayer in United Kingdom marrying and having children — Claimant applying for residence order in respect of daughter — Claimant sentenced to 30 months’ imprisonment — Liable to automatic deportation as foreign criminal whose removal conducive to public good — Home Secretary making deportation order — Claimant on appeal against order raising Convention right to respect for family life relying on ongoing family proceedings — Upper Tribunal dismissing appeal on basis that deportation not breach of Convention right irrespective of family proceedings — Whether Upper Tribunal impermissibly prejudging family proceedings — Correct approach in treatment of interrelationship between deportation appeal and family proceedings — Whether appropriate to grant limited leave to remain or adjourn appeal pending determination of family proceedings — Whether appeal to be remitted to tribunal — Human Rights Act 1998, Sch 1, Pt I, art 8 — UK Borders Act 2007, s 32

[2013] 1 WLR 922