MW (Democratic Republic of Congo) v Secretary of State for the Home Department [2011] EWCA Civ 1240

MW (Democratic Republic of Congo) v Secretary of State for the Home Department [2011] EWCA Civ 1240 (Rix, Sullivan and Lewison LJJ)(28 October 2011):

24.   I do not accept Mr. Hall’s submission that, notwithstanding Maslov, the Respondent may lawfully deport a settled migrant such as this Appellant even in the absence of any very serious reasons to justify deportation. Whether the reference to “very serious reasons” in paragraph 75 of Maslov is described as a “rule”, “test” or “threshold”, or simply as the inevitable consequence of the proper application of the Üner criteria to the case of a settled migrant who has spent all or the major part of his childhood and youth in the host country, Maslov does pull the threads together and in so doing makes it clear in paragraph 75 that very serious reasons are required to justify expulsion in such a case. In the absence of very serious reasons the deportation of a settled migrant will not be proportionate under Article 8.