Smith v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Special Immigration Appeals Commission — Appeal — Commission sitting in London allowing Irish citizen’s appeal against exclusion order made by Secretary of State — Whether Court of Appeal having exclusive jurisdiction in respect of Secretary of State’s appeal from Commission’s decision — Whether Court of Appeal or Court of Appeal in Northern Ireland “appropriate appeal court” — Whether Commission’s decision “determination made by the Commission in England and Wales” — Special Immigration Appeals Commission Act 1997 (c 68), s 7, Sch 1, para 4

[2022] EWCA Civ 1445; [2023] 1 WLR 637; [2023] 3 All ER 689; [2022] WLR(D) 426, CA

IMMIGRATION — EEA national — Exclusion

[2023] EWCA Civ 376, CA

Commentary

Free Movement
Appeal from the Special Immigration Appeals Commission must be heard in England Case comment