Makhlouf’s (Zouhair Ben Belacum) Application
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 26 November 2014 |
| Neutral Citation | [2014] NICA 86 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 26 November 2014 |
| Year | 2014 |
1
Neutral Citation No: [2014] NICA 86
Ref:
MOR9457
Judgment: approved by the Court for handing down
Delivered:
26/11/2014
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE UPPER TRIBUNAL
________
Makhlouf’s (Zouhair Ben Belacum) Application [2014] NICA 86
IN THE MATTER OF AN APPLICATION BY ZOUHAIR BEN BELACUM
MAKHLOUF
Before: Morgan LCJ, Coghlin LJ and Gillen LJ
________
MORGAN LCJ (delivering the judgment of the court)
[1] This is an appeal and an application for leave to appeal against a
determination by the Upper Tribunal on 10 September 2013 whereby it dismissed an
appeal from the First Tier Tribunal dismissing the appellant’s appeal against the
decision of the Secretary of State to order his deportation. The appellant appeals on
the following points of law:
(1) Did the Secretary of State err in deciding to deport the appellant under the
mandatory power conferred by s.32 of the UK Borders Act 2007 (“the 2007
Act”)?
(2) Did the Upper Tribunal err in law in failing to find that the Secretary of State
and First Tier Tribunal had erred in law and in refusing to set aside the
decision of the First Tier Tribunal?
(3) Did the Upper Tribunal err contrary to s.6 of the Human Rights Act in failing
to set aside the decision to deport in the absence of any tangible evidence for
any Article 8(2) justification of the encroachment of the Article 8 rights of the
appellant’s children in circumstances where the Tribunal had not been
specifically asked to address this point by the parties?
2
Leave to appeal on questions (1) and (2) was granted by the Court of Appeal on 31
March 2014. The Court made no order in relation to question (3) pending its decision
in relation to the first two questions. We have received the submissions of the
appellant on that issue and will deal with it in the course of judgment. Miss Higgins
QC and Mr McGowan appeared for the appellant and Mr Sands for the respondent.
We are grateful to all counsel for their helpful oral and written submissions.
Statutory Background
[2] (i) Immigration Act 1971
Section 3 of the Immigration Act 1971 (“the 1971 Act”) provides, inter alia:
“(5) A person who is not a British citizen is liable to
deportation from the United Kingdom if—
(a) the Secretary of State deems his deportation to
be conducive to the public good; or
(b) another person to whose family he belongs is
or has been ordered to be deported.
(6) Without prejudice to the operation of
subsection (5) above, a person who is not a British
citizen shall also be liable to deportation from the
United Kingdom if, after he has attained the age of
seventeen, he is convicted of an offence for which he
is punishable with imprisonment and on his
conviction is recommended for deportation by a court
empowered by this Act to do so.”
Section 5 goes on to provide:
“(1) Where a person is under section 3(5) or (6)
above liable to deportation, then subject to the
following provisions of this Act the Secretary of State
may make a deportation order against him, that is to
say an order requiring him to leave and prohibiting
him from entering the United Kingdom; and a
deportation order against a person shall invalidate
any leave to enter or remain in the United Kingdom
given him before the order is made or while it is in
force.”
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Makhlouf v Secretary of State for the Home Department
...Lady Hale, Deputy President Lord Kerr Lord Wilson Lord Reed Lord Hughes Lord Thomas THE SUPREME COURT Michaelmas Term On appeals from: [2014] NICA 86 Appellant Mary Higgins QC Aidan McGowan (Instructed by McHugh Lynam Respondent Lisa Giovannetti QC Aidan Sands (Instructed by Crown Solicitor......