- Cited — FN (Burundi) v Secretary of State for the Home Department 2023-11-16
“…t self-direction was described as giving “authoritative guidance” by Lord Carnwath in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53, [2018] 1 WLR 5273, at paragraph 27. More recently, Lord Hamblen (with whom Lords Reed, Leggatt, Stephens and Lloyd-Jones agreed) concluded in HA (Iraq) v Secretary of State for …”
- Cited — Mawande Sicwebu v Secretary of State for the Home Department 2023-05-19
“…ound that this would not be unduly harsh. In reaching that conclusion (and contrary to guidance given shortly afterwards in KO (Nigeria) v SSHD [2018] UKSC 53, [2018] 1 WLR 5273 at paragraphs 23 and 32) the judge took into account the seriousness of the offence (and the fact that the appellant had not addressed his alcohol issues) when…”
- Cited — Qasim Ali Raza v Secretary of State for the Home Department 2023-01-18
“…The FtT quoted paragraph 53 of the judgment of Lord Carnwath SCJ in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273, RA (s. 117C; “unduly harsh”; offence seriousness) Iraq [2019] UKUT 1 (IAC), paragraph 30 of Secretary of State for the Home Department v KF (Nigeria) [2019] E…”
- Followed — KB (Jamaica) v Secretary of State for the Home Department 2020-10-28
“… s.117C(5) has been authoritatively established by two recent decisions: that of the Supreme Court in KO (Nigeria) v Secretary of State for the Home Department [2018] 1 WLR 5273; and the decision of this court in HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 117. It is sufficient to note the following without t…”
- Cited — AA (Nigeria) v Secretary of State 2020-10-09
“…uld usually be unnecessary to refer to anything outside the four authorities identified below, namely KO (Nigeria) v Secretary of State for the Home Department [2018] 1 WLR 5273; R (on the application of Byndloss) v Secretary of State for the Home Department [2017] 1 WLR 2380; NA (Pakistan) v Secretary of State for the Home Department …”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“…es about section 117C arising out of the then recent decision of the Supreme Court in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53, [2018] 1 WLR 5273. The decision in RA was the principal vehicle for that guidance, though some points of general application are dealt with in the other decisions.…”
- Considered — Runa v Secretary of State for the Home Department 2020-04-08
“…expect the children to leave the UK, the DUTJ considered the test outlined in KO (Nigeria) and Ors v Secretary of State for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273, at para. 19, citing EV (Philippines) and Ors v Secretary of State for the Home Department [2014] EWCA Civ 874, at para. 58, where it was said by Lewison LJ th…”
- Cited — LE (St Vincent And the Grenadines) v The Secretary of State for the Home Department 2020-04-07
“…of the expression “unduly harsh” was provided by the decision of the Supreme Court in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273. At [22]-[23] Lord Carnwath said:…”
- Applied — Akinyemi v The Secretary of State for the Home Department 2019-12-04
“…lance of relevant factors in direct statutory form” (per Lord Carnwath JSC at [14] in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53, [2018] 1 WLR 5273). The court must apply it. However, I do not accept that the underlying principles relevant to the assessment of the weight to be given to the public interest …”
- Explained — Akinyemi v The Secretary of State for the Home Department 2019-12-04
“…story when making that evaluation, whereas more recently the Supreme Court in KO Nigeria and others v Secretary of State for the Home Department [2018] UKSC 53 [2018] 1 WLR 5273 has explained that that approach to the Exception is wrong.…”
- Applied — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“…to provide a clear and straightforward set of rules for decision-makers to apply: see KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273, paras 14-15. It would defeat that purpose if, in order to determine whether a person satisfied the test of lawful residence at a particular time, it was neces…”
- Cited — OH (Algeria) v The Secretary of State for the Home Department 2019-10-24
“…ly, if the “very compelling circumstances” test was inapplicable, it might properly be argued that deportation was “unduly harsh” by reference to MA (Pakistan) [2018] 1 WLR 5273 Particular care is required with the citation of some of the authorities referred to in this judgment. The decision in the Supreme Court was an appeal from R (…”
- Cited — OH (Algeria) v The Secretary of State for the Home Department 2019-10-24
“…[2018] 1 WLR 5273 (otherwise “KO (Nigeria) v UT”). The leading judgment was given by Lord Carnwath, with whom the remainder of the Court agreed. Lord Carnwath identified the two…”
- Cited — Singh v The Secretary of State for the Home Department 2019-08-22
“…ated on 6 July 2018. On 24 October 2018, the Supreme Court handed down its judgment in KO (Nigeria) v Secretary ofState for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273, which reversed the previous generally-held understanding of section 117B(6) by holding that the question of whether it would not be reasonable to expect the c…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…ly be involved for such a person faced with the deportation of a parent (or partner) (KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273 (“KO (Nigeria)”) at [23] per Lord Carnwath of Notting Hill JSC, with whom the rest of the court agreed).…”
- Considered — Secretary of State for the Home Department v JG (Jamaica) 2019-06-12
“…In KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53, [2018] 1 WLR 5273, the Supreme Court considered the nature of the exercise required by section 117C (5). Lord Carnwath, with whom the other members of the Court agreed, said, at…”
- Cited — Secretary of State for the Home Department v AB (Jamaica) & Anor 2019-04-12
“…However, in light of the Supreme Court’s decision in KO (Nigeria) v SSHD [2018] UKSC 53; [2018] 1 WLR 5273, that second ground of appeal has been formally withdrawn.…”
- Cited — Secretary of State for the Home Department v AB (Jamaica) & Anor 2019-04-12
“…Subsequently, the series of cases known in this Court as MA (Pakistan) became KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53; [2018] 1 WLR 5273 in the Supreme Court. That Court held that the approach taken by this Court in the MM (Uganda) case was wrong. The Supreme Court endorsed the approach which El…”