- Cited — Qasim Ali Raza v Secretary of State for the Home Department 2023-01-18
“…reme Court, recorded in paragraph 4 that it was common ground that the effect of NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662;[2017] 1 WLR 207 was that a medium offender who cannot satisfy the unduly harsh test can, nevertheless, rely on the ‘very compelling circumstances’ test. Lord Hamblen assumed, …”
- Cited — AEB v Secretary of State for the Home Department 2022-11-18
“…020 EWCA Civ 1176, [2021] 1 WLR 1327 at [29] per Underhill LJ (with whom Peter Jackson and Popplewell LJJ agreed) andin NA (Pakistan) v SSHD 2016 EWCA Civ 662, [2017] 1 WLR 207 at [30]-[38]. Of particular relevance in the present case are [30] and [37] of NA (Pakistan), where Jackson LJ (with whom the other members of the Court agreed…”
- Cited — Arjan Gosturani v Secretary of State for the Home Department 2022-06-09
“…nvicted of offences abroad. Mr Lams relied, in particular upon the decisions in NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, [2017] 1 WLR 207, CI (Nigeria) v Secretary of State for the Home Department [2019] EWCA Civ 2027, NE-A (Nigeria) v Secretary of State for the Department [2017] EWCA Civ 239, an…”
- Cited — Sajid Fiqar v Secretary of State for the Home Department 2022-04-14
“…[2017] 1 WLR 207…”
- Cited — TD (Albania) v Secretary of State for the Home Department 2021-04-29
“…In NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662; [2017] 1 WLR 207 it was established that when determining for the purposes of s. 117C(6) whether there were very compelling circumstances over and above those described in s. 1…”
- Cited — KB (Jamaica) v Secretary of State for the Home Department 2020-10-28
“…Although this is not readily apparent from the language of s. 117C, it was established in NA(Pakistan) v Secretary of State for the Home Department [2017] 1 WLR 207 that in relation to foreign criminals who receive a sentence of between one and four years imprisonment, deportation would be a disproportionate interference w…”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“…lties about the construction of section 117C (6) were resolved by this Court in NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, [2017] 1 WLR 207, in which judgment was handed down on 29 June 2016. I take them in turn.…”
- Cited — LE (St Vincent And the Grenadines) v The Secretary of State for the Home Department 2020-04-07
“…g circumstances” within subsection (6). In giving the judgment of this Court in NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662; [2017] 1 WLR 207, Jackson LJ said: “the lacuna in section 117C(3) is an obvious drafting error. Parliament must have intended medium offenders to have the same fall back protec…”
- Cited — Akinyemi v The Secretary of State for the Home Department 2019-12-04
“…The Court of Appeal in NA (Pakistan) v Secretary of State for the Home Department [2017] 1 WLR 207 has previously held (at [25] to [27]) that there was an obvious drafting error in section 117C(3). The consequence of that decision is that section 117C(3) is …”
- Cited — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“…In NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662; [2017] 1 WLR 207, paras 25-27, the Court of Appeal concluded that there is an obvious drafting error in section 117C(3) of the 2002 Act which must have been intended to afford …”
- Explained — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“… v Secretary of State for the Home Department [2016] EWCA Civ 116, paras 28-30; NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662; [2017] 1 WLR 207, paras 19-21 and 29-32. As Jackson LJ explained in NA (Pakistan) at para 32, discussing the case of a “medium” offender:…”
- Distinguished — OH (Algeria) v The Secretary of State for the Home Department 2019-10-24
“…d the case may be referred to as KO (Nigeria). Further, this case must be distinguished from MA (Pakistan) v SSHD [2019] EWCA Civ 1252 and NA (Pakistan) v SSHD [2017] 1 WLR 207, both cited below.…”
- Cited — OH (Algeria) v The Secretary of State for the Home Department 2019-10-24
“…Mr Saeed emphasised the approach laid down by this Court in NA (Pakistan) v SSHD [2017] 1 WLR 207:…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…ide those provisions read with the Immigration Rules which supplement them (see NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662; [2017] 1 WLR 207 (“NA (Pakistan)”) at [36] per Jackson LJ). That is because, in the Rules themselves, there is provision for not allowing deportation on human rights grounds in…”
- Cited — Secretary of State for the Home Department v JG (Jamaica) 2019-06-12
“…In NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, [2017] 1 WLR 207, this Court addressed the meaning of the phrase in section 117C (6)…”
- Cited — Binbuga (Turkey) v Secretary of State for the Home Department 2019-04-04
“…least 4 years, that wording has been held by this Court to be equally applicable to those foreign criminals falling within s.117C(3) - see NA (Pakistan) v SSHD [2017] 1 WLR 207 at [24]-[27].…”
- Cited — AS v The Secretary of State for the Home Department 2019-02-12
“…ow that the impact on the child or partner (as the case may be) must be more than unduly harsh. See the discussion in NA (Pakistan) v SSHD [2016] EWCA Civ 662, [2017] 1 WLR 207 in the judgment of Jackson LJ between paragraphs 29 and 34.…”
- Considered — Mwesezi v The Secretary of State for the Home Department 2018-05-15
“…s the appellant is in the serious offender category identified by this court in NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662; [2017] 1 WLR 207, since he has been sentenced to a term of imprisonment exceeding four years. Nonetheless, for the purposes of considering whether there are “very compelling ci…”
- Cited — Secretary of State for the Home Department v Olarewaju 2018-03-21
“…In NA (Pakistan) v Home Secretary [2016] EWCA Civ 662, [2017] 1 WLR 207, Jackson LJ, giving the judgment of the Court of Appeal, noted (at paragraph 24) that it is a “curious feature of section 117C(3) [of the 2002 Act] … that it d…”