- Cited — Qasim Ali Raza v Secretary of State for the Home Department 2023-01-18
“… judgment of the Supreme 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 …”
- Cited — Arjan Gosturani v Secretary of State for the Home Department 2022-06-09
“…appellant who were convicted 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…”
- Considered — Sajid Fiqar v Secretary of State for the Home Department 2022-04-14
“…“However, in accordance with the guidance in NA (Pakistan) v SSHD and ors [2016] EWCA Civ 662 it is sensible to examine whether the appellant could have succeeded under the Exceptions and then go on to consider whether any compelling circumstances exist…”
- Applied — KM v Secretary of State for the Home Department 2021-05-11
“…The evaluation of the public interest balanced against Article 8 factors requires a “wide-ranging exercise” (NA (Pakistan) v SSHD [2016] EWCA Civ 662), applying Strasbourg principles to ensure compatibility with the ECHR.…”
- 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…”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“…Two difficulties 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
“…e are “very compelling 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 sam…”
- Considered — Secretary of State for the Home Department v PG (Jamaica) 2019-07-11
“…In NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, Jackson LJ at [36] summarised the approach which Part 5A of the 2002 Act, and the Rules, require a tribunal or court to take when considering the position of …”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“… which produces in all cases a final result which is compatible with, and not in violation of, article 8” (Rhuppiah vSecretary of State for the Home Department [2016] EWCA Civ 662 at [45] per Sales LJ); and they provide an exclusive scheme such that there is no room for a general article 8 evaluation outside those provisions read with th…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“… which produces in all cases a final result which is compatible with, and not in violation of, article 8” (Rhuppiah vSecretary of State for the Home Department [2016] EWCA Civ 662 at [45] per Sales LJ); and they provide an exclusive scheme such that there is no room for a general article 8 evaluation outside those provisions read with th…”
- 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 — AS v The Secretary of State for the Home Department 2019-02-12
“… imprisonment must show 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.…”
- Explained — Forrester v The Secretary of State for the Home Department 2018-11-29
“…ing compelling circumstances within the meaning of the statute. This point was made by Jackson LJ in NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662 where he explained that circumstances over and above the exceptions do not necessarily mean that the test can only be satisfied where there are circumstances o…”
- Cited — Secretary of State for the Home Department v Garzon 2018-05-25
“…ent of less than 4 years, although that category is not expressly referred to in the sub-section: see NA(Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662.…”
- Considered — Mwesezi v The Secretary of State for the Home Department 2018-05-15
“…he corresponding Rules 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 “…”
- Cited — Secretary of State for the Home Department v Barry 2018-04-17
“…: see Secretary of State for the Home Department v JZ (Zambia) [2016] EWCA Civ 116, at para. 29; and NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, at paras. 19-21. Indeed I would note that in that case the Secretary of State was originally minded to argue that the approach taken by this Court in JZ (Zamb…”
- 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 200…”
- Cited — El Gazzaz v The Secretary of State for the Home Department 2018-03-21
“…As this court held in NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, [24]-[27], section 117C(3) must be read as providing that, in relation to medium offenders (i.e. foreign criminals sentenced to more than one year’s but less …”
- Cited — The Secretary of State for the Home Department v OP (Jamaica) 2018-03-06
“…[2016] EWCA Civ 662…”