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)

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