SC (Jamaica) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Deportation — Foreign criminal — Exceptions to automatic deportation — Secretary of State making deportation order against foreign criminal — Whether foreign criminal “lawfully resident” in United Kingdom “for most of his life” — Whether deportation decision breaching foreign criminal’s Convention rights — UK Borders Act 2007 (c 30), ss 32(5), 33 — Statement of Changes in Immigration Rules (1994) (HC 395) (as amended by Statement of Changes in Immigration Rules (2012) (HC 194), para 114 and Statement of Changes to the Immigration Rules (2014) (HC 532), para 27), para 399A(a)

[2017] EWCA Civ 2112; [2018] 1 WLR 4004; [2017] WLR(D) 852, CA

IMMIGRATION — Deportation — Foreign criminal — Secretary of State making order for deportation of foreign criminal to Jamaica — Whether deportation breaching foreign criminal’s Convention rights — Whether reasonable to expect foreign criminal to relocate to different part of Jamaica — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3 — UK Borders Act 2007 (c 30), ss 32(5), 33

[2022] UKSC 15; [2022] 1 WLR 3190; [2023] 1 All ER 193; The Times, 5 July 2022, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: Secretary of State for the Home Department v SC (Jamaica) [2022] UKSC 15 Case comment

Free Movement
Supreme Court allows foreign criminal deportation case Case comment