- Cited — FN (Burundi) v Secretary of State for the Home Department 2023-11-16
“…That 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 Secr…”
- Cited — Mawande Sicwebu v Secretary of State for the Home Department 2023-05-19
“…ance the judge found 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 a…”
- 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…”
- Cited — TD (Albania) v Secretary of State for the Home Department 2021-04-29
“…ty, including the decision of the Supreme Court in KO (Nigeria) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) [2018] UKSC 53; [2018] 1WLR 5273. She succinctly summarised the statutory regime:…”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“… on various issues 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 decis…”
- Cited — Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors 2020-06-05
“…s which produces in all cases a final result compatible with those rights; see also Lord Carnwath in KO (Nigeria) v. Secretary of State for the Home Department [2018] UKSC 53 at [12]-[15].…”
- Considered — Runa v Secretary of State for the Home Department 2020-04-08
“…“reasonable” to 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 sa…”
- Cited — LE (St Vincent And the Grenadines) v The Secretary of State for the Home Department 2020-04-07
“… to the meaning 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
“… the intended balance 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 t…”
- Explained — Akinyemi v The Secretary of State for the Home Department 2019-12-04
“…and criminal history 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.…”
- Cited — Secretary of State for the Home Department v KF (Nigeria) 2019-11-22
“… as to whether the approach adopted by the First-tier and Upper Tribunals satisfied the test set out in the decision of the Supreme Court in KO(Nigeria) v SSHD [2018] UKSC 53.…”
- Applied — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“…Act is intended 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…”
- Cited — GM (Sri Lanka) v The Secretary of State for the Home Department (Rev 1) 2019-10-04
“…(“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”).…”
- Cited — Singh v The Secretary of State for the Home Department 2019-08-22
“…tion was promulgated 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 reasona…”
- Cited — The Secretary of State for the Home Department v BK (Afghanistan) 2019-07-30
“…ion to appeal was granted by Arden LJ on 25 April 2017. The appeal was then stayed pending the hand down of the Supreme Court’s judgment in KO (Nigeria) v SSHD [2018] UKSC 53, [2018] WLR 5273.…”
- Cited — Secretary of State for the Home Department v PG (Jamaica) 2019-07-11
“… Court (in October 2018, and therefore after the decisions of both Judge Griffith and Judge Finch) in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53, [2018] 1WLR 5273 (hereafter, “KO (Nigeria)”), and accordingly ground two was not pursued at the hearing of the appeal.…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“… would necessarily 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).…”
- Cited — UT (Sri Lanka) v The Secretary of State for the Home Department 2019-06-26
“… a question of whether it is reasonable to expect the children to join their father in Sri Lanka: see KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53.…”
- 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 Cou…”
- 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 th…”
- Cited — NI (Bangladesh) & Ors v Secretary of State for the Home Department 2019-03-07
“…sonableness arising in relation to the removal of a child. Subsequently this case was again stood out pending the decision of the Supreme Court in KO (Nigeria) [2018] UKSC 53, which was handed down in October 2018. That case has given further guidance on the application of the test. It is therefore nearly five years from the date of…”