- Cited — Mawande Sicwebu v Secretary of State for the Home Department 2023-05-19
“… and particularly 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 (whet…”
- 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 case…”
- Cited — AEB v Secretary of State for the Home Department 2022-11-18
“…as to whether the 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…”
- Cited — The Secretary of State for the Home Department v The Queen (on the application of) AM 2022-06-10
“…g, compare Poland 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 fac…”
- Cited — Arjan Gosturani v Secretary of State for the Home Department 2022-06-09
“…assessment. I agree, and proceed by adopting the “balance sheet” approach referred to by Lord Thomas in Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60.…”
- Cited — Arjan Gosturani v Secretary of State for the Home Department 2022-06-09
“…assessing the question 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 Boulti…”
- 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 Explan…”
- Cited — Jallow v Secretary of State for the Home Department 2021-05-24
“… legitimate aim 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.…”
- Explained — KM v Secretary of State for the Home Department 2021-05-11
“…h and lawfulness of that migrant’s residence, factors emphasised in Maslov. The domestic authorities also supported this interpretation (see Hesham Ali v. SSHD [2016] UKSC 60[25]). Secondly, the UT held that the FTT erred in law in failing to employ the flexible approach to s. 117B(5) which, as Lord Wilson explained in Rhuppiah, cou…”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“… been superseded 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 …”
- Cited — Akinyemi v The Secretary of State for the Home Department 2019-12-04
“… in deportation 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
“…ation status may 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 Jeu…”
- Followed — OH (Algeria) v The Secretary of State for the Home Department 2019-10-24
“…The Appellant’s attack under Ground 1 can be summarised as follows. The Supreme Court in Hesham Ali (Iraq) v SSHD [2016] UKSC 60 enjoins a structured approach, balancing the strength of the public interest in deportation of the offender against the impact on family life. That was precise…”
- Cited — GM (Sri Lanka) v The Secretary of State for the Home Department (Rev 1) 2019-10-04
“…ationality, Immigration and Asylum Act 2002 (“the NIAA 2002” and “section 117B”). The main judgments are: Agyarko v SSHD [2017] UKSC 11 (“Agyarko”); Ali v SSHD [2016] UKSC 60 (“Ali”); KO (Nigeria) v SSHD [2018] UKSC 53 (“KO”); and, Rhuppiah v SSHD [2018] UKSC 58 (“Rhuppiah”).…”
- Applied — MA (Pakistan) v Secretary of State for the Home Department 2019-07-18
“…nd 8 in the tribunals) 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 — 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 — RA (Iraq) v The Secretary of State for the Home Department 2019-05-17
“…Mr Chirico further sought to rely upon some remarks by Lord Kerr in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 in support of Ground 2 of his appeal. I fail to see the relevance of this reference: the appeal in Hesham Ali did not address the ‘limbo’ point; the majority j…”
- 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
“…is that, in determining 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 becau…”
- Cited — The Secretary of State for the Home Department v SA (Jamaica) 2018-12-21
“…retary of State for the Home Department v. AJ (Zimbabwe) and VH (Vietnam) [2016] EWCA Civ 1012; Hesham Ali (Iraq) v. Secretary of State for the Home Department [2016] UKSC 60; and Assad v. Secretary of State for the Home Department [2017] EWCA Civ 10.…”
- Cited — Forrester v The Secretary of State for the Home Department 2018-11-29
“…as summarised by 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
“…ng how the discretion 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 — BA (Nigeria) v The Secretary of State for the Home Department 2018-11-01
“…In his submissions in response Mr Chapman has referred, among other cases, to Hesham Ali (Iraq) v SSHD [2016] UKSC 60, R(Agyarko) v SSHD[2017] UKSC 11, and R(Kiarie and Byndloss) v SSHD [2017] UKSC 42. He submits that Jay J was right to conclude that there was no arguable basi…”
- Considered — TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department 2018-05-17
“… consider an article 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 an…”
- Cited — Secretary of State for the Home Department v Barry 2018-04-17
“…reme Court in a 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
“…st requires. Depending 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…”
- Cited — The Secretary of State for the Home Department v MS (Pakistan) 2018-03-23
“…Mr 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 R…”
- Cited — El Gazzaz v The Secretary of State for the Home Department 2018-03-21
“… to assess the appellant’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, …”
- Cited — AB, R (On the Application Of) v The Secretary of State for the Home Department 2018-03-06
“…es decision-makers 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 discr…”
- 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 St…”
- Cited — Babar v The Secretary of State for the Home Department 2018-03-01
“…[2016] UKSC 60…”
- Cited — Secretary of State for the Home Department v Robinson (Jamaica) 2018-02-02
“…hat Lord Wilson 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,…”