Secretary of State for the Home Department (Appellant) v George (Respondent)

Case summary

Case ID

UKSC/2024/1008

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)

William George

Issue

Did the Court of Appeal err in concluding that the principle in R v Bouchereau (C30/77) [1978] QB 372 does not apply if a person is subject to the highest level of protection against removal conferred by the Immigration (European Economic Area) Regulations 2016 and can only be deported on imperative grounds of public security?

Facts

The respondent, Mr George, is a Belgian citizen born on 27 March 1996. He arrived in the United Kingdom with his family in 2004 when he was eight. In 2017, when he was 21, he was convicted of manslaughter following a gang murder. The respondent acted as a scout and confronted the deceased following a chase in broad daylight through rush-hour traffic. The respondent did not take part in the final attack on the deceased. He was sentenced to 12 years’ imprisonment. On 8 November 2018, the Secretary of State decided to deport the respondent on ‘imperative grounds of public security’. The respondent appealed to the First-tier Tribunal (Immigration and Asylum Chamber) (‘FtT’), which allowed his appeal on the basis the ground for deportation was not met. The Secretary of State appealed to the UT, arguing that the FtT had erred in law by failing to apply the Bouchereau point. The respondent opposed this on the basis that Bouchereau did not form part of the decision and it was not relied upon in the FtT. The Secretary of State abandoned the point during the UT hearing. The Court of Appeal, while acknowledging procedural failures on the part of the Secretary of State, agreed the Bouchereau point ought to be heard as a point of public importance. In considering the issue, the Court of Appeal agreed with the respondent that the Bouchereau point did not apply to the ground of deportation under consideration. Court of Appeal considered that the UT did not err in law and it dismissed the appeal. The Secretary of State now appeals to the Supreme Court.

Date of issue

13 December 2024

Case origin

PTA

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