HA (Iraq) and Others v SSHD [2022] UKSC 22

1. In HA (Iraq) and others v SSHD, the Supreme Court considered three conjoined appeals by HA, RA and AA. The appeals concerned the statutory regime governing the deportation of foreign criminals under s 117C of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’). The judgment sets out important guidance in relation to the additional art 8 European Convention on Human Rights (ECHR) considerations in cases involving the deportation of foreign criminals, and in particular in relation to the ‘unduly harsh’ test within s 117C(5) and the ‘very compelling circumstances’ test within s 117C(6) of the 2002 Act. This case note focuses on the key principles set out by the Supreme Court, rather than the outcome of the individual cases of HA, RA and AA, which necessarily turn on their own facts.