- Cited — Mawande Sicwebu v Secretary of State for the Home Department 2023-05-19
“…y harsh to separate parent and child where the parent has done everything possible to rehabilitate himself. Mr Ball relied on Hesham Ali v SSHD [2016] UKSC 60, [2016] 1 WLR 4799 at paragraph 38 (relevance of conduct since offence was committed) and Agyarko v SSHD [2017] UKSC 11, [2017] 1 WLR 823 at paragraph 41 (whether a fair balance …”
- Considered — Shah Md Jahangir Alam & Anor v Secretary of State for the Home Department 2023-01-19
“…The decision in Chikwamba has been referred to in two decisions of the Supreme Court: Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799 and Agyarko. Part 5A of the 2002 Act was not in force at the relevant times. The Supreme Court considered the article 8 claims in those cases against the backg…”
- Cited — AEB v Secretary of State for the Home Department 2022-11-18
“…e countervailing factors outweigh the importance attached to the public interest in the deportation of foreign offenders: see Hesham Ali v SSHD [2016] UKSC 60, [2016] 1 WLR 4799 at [83] per Lord Thomas CJ. The public interest in deportation has a flexible or moveable quality – hence, for example, the relevance of the relative seriousne…”
- Cited — The Secretary of State for the Home Department v The Queen (on the application of) AM 2022-06-10
“…d v Celinski [2015] EWHC 1274 (Admin); [2016] 1 WLR 551 at paragraph 24, referred to in Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799 at paragraph 84. In Hesham Ali at paragraph 84 Lord Thomas CJ referred to the use of a “balance sheet” approach for setting out relevant factors in article 8 E…”
- Cited — Arjan Gosturani v Secretary of State for the Home Department 2022-06-09
“…estion of proportionality was to set out a balancing exercise as outlined by Lord Thomas CJ in Ali v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799 at paragraph 82. That would enable a court or tribunal to bring to bear the factors identified by the European Court in cases such as Boultif, any relevant fac…”
- Cited — Sajid Fiqar v Secretary of State for the Home Department 2022-04-14
“…[2016] UKSC 60, [2016] 1 WLR 4799, in which he expounds the effect of sections 32-33 of the 2007 Act. But he was constrained to accept that neither the drafters of the Explanatory Notes nor Lor…”
- Cited — Jallow v Secretary of State for the Home Department 2021-05-24
“…and the question is whether deportation is proportionate in the circumstances: see, generally, Ali v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799 at paragraphs 24 to 35.…”
- Followed — KB (Jamaica) v Secretary of State for the Home Department 2020-10-28
“…igration Rules were met. There then followed a section from paragraph 72 to the end, referring first to Hesham Ali v Secretary of State for the Home Department [2016] 1 WLR 4799 and then carrying out a freestanding article 8 proportionality balancing exercise, which concluded that the public interest in deportation was outweighed by th…”
- Cited — AA (Nigeria) v Secretary of State 2020-10-09
“…fies the “strong public interest in the deportation of foreign nationals who have committed serious offences”: Ali v Secretary of State for the Home Department [2016] 1 WLR 4799, para 14, per Lord Reed JSC. In the Ali case the court was required to identify the criterion by reference to which the tribunal should determine an appeal of …”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“… and even some months later than NA (Pakistan), in the decision of the Supreme Court in Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799. It is authoritative on the points of principle underlying both regimes and was so treated in Akinyemi no. 2 (see paras. 46-50). That being so, I should say th…”
- Cited — Akinyemi v The Secretary of State for the Home Department 2019-12-04
“…to be outweighed there would have to be a “very strong claim indeed” (see, for example: Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799 at [38]). Ultimately the UT was not persuaded that there was.…”
- Cited — Lal v The Secretary of State for the Home Department 2019-11-08
“…Department [2016] UKSC 60; [2016] 1 WLR 4799, paras 44-46, 50 and 53, and R…”
- Cited — Lal v The Secretary of State for the Home Department 2019-11-08
“… greatly affect the weight to be given to their right to respect for family life: see also R (Ali) v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799, para 32; GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, para 33. It is also worth noting that in the Jeunesse case the Cour…”
- Applied — MA (Pakistan) v Secretary of State for the Home Department 2019-07-18
“…unals) was an argument that the respondent had failed to apply the law as set out in Ali (Hesham) v. Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799 and particularly the judgment of Lord Reed at [50].…”
- Cited — MA (Pakistan) v Secretary of State for the Home Department 2019-07-18
“…Convention rights in accordance with the judgment of Lord Reed in Hesham Ali v. Secretary of State for the Home Department [2016] 1 WLR 4799 at [50].…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799…”
- Cited — Secretary of State for the Home Department v JG (Jamaica) 2019-06-12
“…That approach was endorsed by the Supreme Court in Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799: see paras. 37-38 of…”
- Cited — EYF (Turkey) v Secretary of State for the Home Department 2019-04-11
“…(Iraq) v Secretary of State for the Home Department [2016] UKSC 60,[2016] 1 WLR 4799 per Lord Reed JSC at [46]:…”
- Cited — AS v The Secretary of State for the Home Department 2019-02-12
“…rmining the Article 8 appeal, Judge Gill failed to take the balance sheet approach advocated by Lord Thomas of Cwmgiedd CJ in Hesham Ali v SSHD [2016] UKSC 60, [2016] 1 WLR 4799 between paragraphs 83 and 84. Mr Bedford, who appears this morning on behalf of the applicant, submits that the oversight was material because it resulted in J…”
- Cited — Forrester v The Secretary of State for the Home Department 2018-11-29
“… Lord Reed giving a judgment with which each of the six other members of the court agreed in HeshamAli v Secretary of State for the Home Office [2016] UKSC 60; [2016] 1 WLR 4799, para. 38:…”
- Cited — KV, R (on the application of) v Secretary of State for the Home Department 2018-11-08
“…etion should be exercised should normally be accorded considerable weight (in which regard see Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799).…”
- Cited — AS (Guinea) v Secretary of State for the Home Department & Anor 2018-10-12
“…public interest in maintaining the deportation order. He also recognises that the Supreme Court held in Hesham Ali v Secretary of State for the Home Department [2016] 1 WLR 4799 that cases not covered by paragraph 399 or 399A are to be dealt with on the basis that great weight should generally be given to the public interest in the dep…”
- Cited — Secretary of State for the Home Department v MR (Pakistan) 2018-07-12
“…As Lord Reed JSC pointed out at [3] - [9] of his judgment in Ali v Secretary of State for the Home Department [2016] 1 WLR 4799, (the “Hesham Ali case”) with whom Lord Neuberger PSC, Lord Thomas CJ, Baroness Hale, Lord Kerr, Lord Wilson and Lord Hughes JJSC agreed, section 3(5) of the I…”
- Cited — Secretary of State for the Home Department v Garzon 2018-05-25
“…of the present appeal occurred at a time prior to the UK Supreme Court’s decision in the case of Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] 1 WLR 4799 which aimed to provide clarity with respect to the law relating to the deportation of foreign criminals.…”
- Cited — TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department 2018-05-17
“…icle 8 claim outside of the Rules (as it will do where article 8 is engaged, see Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799 at [80]), it will factor into its evaluation of whether there are exceptional circumstances both the findings of fact that have been made and the evaluation of…”
- Explained — DW (Jamaica) v Secretary of State for the Home Department 2018-04-17
“…As Lord Reed explained in detail in Hesham Ali v Secretary of State for the Home Department [2016] 1 WLR 4799, there has since 2006 been a presumption that, where a person was liable to deportation, the public interest required that he should be deported. New immigrati…”
- Cited — Secretary of State for the Home Department v Barry 2018-04-17
“…decision which came after the determinations of the FTT and the UT in the present case: Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799.…”
- Cited — Ribeli v Entry Clearance Officer, Pretoria 2018-03-27
“…ending on the context the weight which is appropriate or due may be “considerable” weight: see Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799, para. 44 (Lord Reed JSC), citing Huang v Secretary of State for the Home Department [2007] UKHL 11; [2007] 2 AC 167, para. 16 (Lord Bingham of Cornhill); and …”
- Cited — The Secretary of State for the Home Department v MS (Pakistan) 2018-03-23
“…r Toal also relied upon passages to the same effect in the judgment of Lord Reed JSC in Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799, particularly at [46] and [50]:…”
- Considered — Secretary of State for the Home Department v Olarewaju 2018-03-21
“…The law relating to the deportation of foreign criminals was considered by the Supreme Court in Ali v Home Secretary [2016] UKSC 60, [2016] 1 WLR 4799. At the dates with which it was concerned, sections 117A to 117D of the 2002 Act were not yet in force, but paragraphs 398 and 399A of the Rules were already i…”
- Cited — El Gazzaz v The Secretary of State for the Home Department 2018-03-21
“…ppellant’s case in light of that regime: see now the guidance given by Lord Reed JSC in Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799, in particular at [53]. This is a hopeless contention. The Tribunal understood very well the significance of the provisions in that regime, as is clear from it…”
- Cited — AB, R (On the Application Of) v The Secretary of State for the Home Department 2018-03-06
“…rs not to shut their ears to claims falling outside the policies they have adopted: see Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799, para 15. The leading authority is British Oxygen Co Ltd v Minister of Technology [1971] AC 610. In that case the Board of Trade had a discretionary power to m…”
- Cited — AB, R (On the Application Of) v The Secretary of State for the Home Department 2018-03-06
“…The nature of the Immigration Rules has recently been analysed by the Supreme Court in Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799. Lord Reed (giving the judgment of the Court) noted at para 17 that the Immigration Rules are not law but a statement of the Secretary of State’s administrativ…”
- Cited — Babar v The Secretary of State for the Home Department 2018-03-01
“…[2016] 1 WLR 4799…”
- Cited — Secretary of State for the Home Department v Robinson (Jamaica) 2018-02-02
“…JSC, as he now is, has more recently retreated in part from what he had said in OH: see Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799, at para. 70. In particular he regretted his use of the phrase “society’s revulsion” and accepted the criticism made of it by Lord Kerr JSC, in his dissenting …”