BA (Nigeria) v Secretary of State

BA (Nigeria) v Secretary of State is a significant UK immigration law case, dealing primarily with the application of Article 8 of the European Convention on Human Rights (the right to private and family life) in immigration appeals, specifically in the context of foreign criminals facing deportation. The case provides important clarification on how the courts should balance the individual's rights under Article 8 against the public interest in maintaining immigration control and preventing crime.

The core of the case revolved around the question of whether the deportation of a foreign criminal (referred to as BA) would be a disproportionate interference with their Article 8 rights, particularly in light of their family life in the UK. The Supreme Court's judgment in BA (Nigeria) established a structured approach for assessing such claims. This approach involves considering the factors outlined in Section 117 of the Nationality, Immigration and Asylum Act 2002 (as amended), which sets out various considerations relevant to the public interest in deportation cases.

Key principles emerging from the judgment include:

• Presumption in favour of deportation: There is a strong public interest presumption in favour of deporting foreign criminals, especially those who have committed serious offences. This presumption reflects the importance of protecting the public from crime and maintaining immigration control.
• Balancing exercise: The courts must conduct a careful balancing exercise, weighing the individual's Article 8 rights against the public interest in deportation.
• Section 117 Considerations: The court should consider the factors outlined in Section 117, such as the seriousness of the offence, the length of residence in the UK, the individual's connections to the UK, and the impact of deportation on family members, particularly children.
• Little Weight for Private Life Formed Precariously: Private life established while immigration status is precarious should generally be given little weight.

BA (Nigeria) v Secretary of State remains a leading case in UK immigration law, frequently cited in deportation appeals. It has had a significant impact on the application of Article 8 in these cases, emphasizing the importance of the public interest in deportation and providing a framework for the courts to assess the proportionality of such decisions.