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The Respondent, [MS], is a national of Somalia born on the 2 nd October 1979. On the 20 th February 2017 the First-tier Tribunal (Judge M. Davies) allowed his deportation appeal. The Secretary of State now has permission [1] to appeal against that decision.
These submissions were rejected. The Secretary of State noted that s32(5) of the UK Borders Act 2007 required [MS]'s deportation, unless he could demonstrate that one or more of the exceptions set out in s33 of the Act applied. Finding that none of them did, the Secretary of State signed the order on the 30 th November 2016.
i) Whether the exception at s33(2)(a) applied, i.e. would the deportation breach the UK's obligations under the European Convention on Human Rights? In the case of [MS] that required the Tribunal to consider whether his removal to Somalia would:
b) be a disproportionate interference with [MS]'s family and private life, as protected by Article 8. This would require consideration of paragraphs 398-399A of the Immigration Rules.
ii) Whether the exception at s33(2)(b) applied, ie would the deportation breach the UK's obligations under the Refugee Convention. Because [MS] had already been recognised as a refugee that required the Tribunal to:
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