Unduly Harsh: KB (JAMAICA)[2020] EWCA CIV 1385

Unduly harsh: KB (JAMAICA)[2020] EWCA CIV 1385
Unduly harsh: KB (JAMAICA)[2020] EWCA CIV 1385

The formulation in para 23 of KO(Nigeria) does not posit some objectively measurable standard of harshness which is acceptable, and it is potentially misleading and dangerous to seek to identify some “ordinary” level of harshness as an acceptable level by reference to what may be commonly encountered circumstances: there is no reason in principle why cases of undue hardship may not occur quite commonly, and how a child will be affected by a parent’s deportation will depend upon an almost infinitely variable range of circumstances, the bit is not possible to identify a base level of “ordinariness”: HA(Iraq) paras44, 50-53, 56 and 157, AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 at para 12.

Adam Pipe (No 8 Chambers)

Adam Pipe (Barrister at No 8 Chambers) has given permission to use recent case updates on our website.

If you are looking for legal assistance in your child and human rights case, book an appointment with Allan and his team today for professional and experienced advice.

Category / Case Updates
Previous Post
Hoque & Ors [2020] EWCA Civ 1357 – 276B, ILR & Overstaying
Next Post
Allan and his team help to combat an unexceptional immigration case