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Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against a decision by the First-tier Tribunal (Immigration and Asylum Chamber), and upheld by the Upper Tribunal (Immigration and Asylum Chamber), that the respondent, despite his conviction for serious offences, could not be deported to Zambia. Both tribunals had correctly applied paras 398 to 399A of the Immigration Rules, had taken account of the respondent's rights under the European Convention on Human Rights through the lens of the Immigration Rules, and had been entitled to conclude that exceptional circumstances existed which outweighed the public interest in deportation.
Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against a decision by the First-tier Tribunal (Immigration and Asylum Chamber), and upheld by the Upper Tribunal (Immigration and Asylum Chamber), that the respondent, despite his conviction for serious offences, could not be deported to Zambia. Both tribunals had correctly applied paras 398 to 399A of the Immigration Rules, had taken account of the respondent's rights under the European Convention on Human Rights through the lens of the Immigration Rules, and had been entitled to conclude that exceptional circumstances existed which outweighed the public interest in deportation.
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