MM (Uganda) v SSDH  EWCA Civ 450 is an Immigration Law case concerning deportation.
What factors must be considered by a judge when considering whether deportation would be “unduly harsh” on the child and/or partner of a ‘foreign criminal’?
This is found under paragraph 399 of the Immigration Rules. It is also found under section 117C(5) of the Nationality Immigration and Asylum Act 2002.
The Court affirmed in MM (Uganda) v SSDH that the Immigration Rules on deportation are a “complete code”.
The meaning of the phrase “unduly harsh” has to be derived from its context. It is important for a judge to look at the other provisions within section 117C. In particular, the phrase needs to be read in line with the other factors in section 117C.
There is also a public interest in removing foreign criminals. The more serious the offence, the greater the public interest in the person’s removal.