This is an interesting decision of the Upper Tribunal (Haddon Cave J & UTJ Hanson) where it decided that appeals should not be mounted on the basis of a litany of forensic criticisms of particular findings of the First-tier Tribunal, whilst ignoring the basic legal test which the appellant has to meet. At first instance, the FtT panel had dismissed this appeal involving a Jamaican appellant (A), a forty one year old with children in the UK born out of multiple relationships, who had appealed against the SSHD’s decision to make an automatic deportation order triggered by his conviction for the offence of wounding with intent to do grievous bodily harm committed in July 2010. The UT was hypercritical of legal aid barrister of the year S Chelvan. However, it is noteworthy that Haddon Cave J’s dubious EU law analysis in McCarthy & Ors  EWHC 3368 (Admin) has recently been impeached by AG Szpunar – whose Opinion was also partially criticised by Professor Peers for chasing a “semantic butterfly” – in Case C-202/13 McCarthy.
A claimed he entered the UK in December 2001. He was removed for overstaying in 2004 but re-entered in 2005 and was granted ILR as the spouse of a settled person in 2008. In 2011, while sentencing A to four years’ imprisonment on the basis that his victim would recover, HHJ Roach said the wounding was doubly serious because A not only carried a knife but used it to cause irreversible harm to his victim’s dominant left hand. Continue reading