Published on 19 April 2021

FOURTH SECTION

Application no. 228/20 Osayuwamen OSAGIEDE against the United Kingdom lodged on 20 December 2019 communicated on 29 March 2021

SUBJECT MATTER OF THE CASE

Invoking Article 8 of the Convention, the applicant challenges a deportation order issued after he was sentenced to fifteen months ’ imprisonment for affray. Although the First Tier Tribunal allowed his appeal against the deportation order, the Upper Tribunal set that decision aside and, applying section 117C(3)-(5) of the Nationality, Immigration and Asylum Act 2002 (as amended) and paragraph 399 of the Immigration Rules HC 395 (as amended) (see Unuane v. the United Kingdom , no . 80343/17, 24 November 2020) substituted a determination dismissing the appeal on the basis that the evidence did not establish either that it would be unduly harsh for the applicant ’ s wife and children to remain in the United Kingdom without him, or that there existed “very compelling circumstances” capable of outweighing the public interest in deportation (see Unuane , cited above).

QUESTION TO THE PARTIES

Having regard to the Court ’ s case-law (see, for example, Boultif v. Switzerland , no. 54273/00, ECHR 2001 ‑ IX and Ãœner v. the Netherlands [GC], no. 46410/99, ECHR 2006 ‑ XII), w ould the applicant ’ s deportation to Nigeria constitute a disproportionate interference with the right to respect for his family life enshrined in Article 8 of the Convention?