Published on 6 April 2021

FOURTH SECTION

Application no. 32953/20 M.M. against the United Kingdom lodged on 29 July 2020 communicated on 17 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 two years ’ imprisonment on each of four counts of “dishonestly making false accusations”, to run concurrently. 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 Australia constitute a disproportionate interference with the right to respect for his family life enshrined in Article 8 of the Convention?