Immigration Case Update: MK (section 55 - Tribunal options) Sierra Leone [2015] UKUT 00223 (IAC)

The full judgment can be read here.

The Tribunal re-made the decision on the Appellant's deportation appeal and allowed his appeal. There had been a total failure to consider the best interests of the Appellant's child.

In such a case the court found it has three options. These are: to re-make the decision of the FtT; to remit the case to the FtT; or to remit the case to the SSHD as not having been in accordance with the law. There is also a power to adjourn, in line with the Tribunal's case management powers and the overriding objective.

The Tribunal decided to re-make the deportation decision in this case. The Tribunal found that under the new legal regime, including section 117 of the 2014 Act, the duties imposed by Section 55 of the 2009 Act are undiluted and unmodified in any way. Appeal allowed.


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