Disciplining the Troublesome Offspring of Section 19 of the Immigration Act 2014

The Supreme Court in KO (Nigeria)

Research output: Contribution to journalArticle

Abstract

In KO (Nigeria), the Supreme Court have given an authoritative interpretation of s 19 of the Immigration Act 2014. This had been required because of an unusually high degree of judicial disagreement at the Upper Tribunal and Court of Appeal as to the proper interpretation of the removal and deportation provisions in that Act. Two different strands of interpretation emerged simultaneously – a weight interpretation and an exception interpretation – which the author explored in a previous volume of this journal. The Supreme Court have now authoritatively endorsed an approach to s 19, Immigration Act 2014 based on the creation in the Act of defined exceptions to deportation and removal. This article explains the judgment in KO (Nigeria) and argues that it leaves significant tensions unresolved between the legislation on deportation and removal on one side, and the statutory commitment to the best interest of the child on the other.
Original languageEnglish
Pages (from-to)8-26
Number of pages19
JournalJournal of Immigration, Asylum and Nationality Law
Volume33
Issue number1
Publication statusPublished - 1 Feb 2019

Fingerprint

immigration law
Nigeria
Supreme Court
deportation
interpretation
act
appeal
legislation
commitment

Cite this

@article{e48a5c16375146e2bd181cef1d37b618,
title = "Disciplining the Troublesome Offspring of Section 19 of the Immigration Act 2014: The Supreme Court in KO (Nigeria)",
abstract = "In KO (Nigeria), the Supreme Court have given an authoritative interpretation of s 19 of the Immigration Act 2014. This had been required because of an unusually high degree of judicial disagreement at the Upper Tribunal and Court of Appeal as to the proper interpretation of the removal and deportation provisions in that Act. Two different strands of interpretation emerged simultaneously – a weight interpretation and an exception interpretation – which the author explored in a previous volume of this journal. The Supreme Court have now authoritatively endorsed an approach to s 19, Immigration Act 2014 based on the creation in the Act of defined exceptions to deportation and removal. This article explains the judgment in KO (Nigeria) and argues that it leaves significant tensions unresolved between the legislation on deportation and removal on one side, and the statutory commitment to the best interest of the child on the other.",
author = "Jonathan Collinson",
year = "2019",
month = "2",
day = "1",
language = "English",
volume = "33",
pages = "8--26",
journal = "Journal of Immigration, Asylum and Nationality Law",
issn = "1746-7632",
number = "1",

}

TY - JOUR

T1 - Disciplining the Troublesome Offspring of Section 19 of the Immigration Act 2014

T2 - The Supreme Court in KO (Nigeria)

AU - Collinson, Jonathan

PY - 2019/2/1

Y1 - 2019/2/1

N2 - In KO (Nigeria), the Supreme Court have given an authoritative interpretation of s 19 of the Immigration Act 2014. This had been required because of an unusually high degree of judicial disagreement at the Upper Tribunal and Court of Appeal as to the proper interpretation of the removal and deportation provisions in that Act. Two different strands of interpretation emerged simultaneously – a weight interpretation and an exception interpretation – which the author explored in a previous volume of this journal. The Supreme Court have now authoritatively endorsed an approach to s 19, Immigration Act 2014 based on the creation in the Act of defined exceptions to deportation and removal. This article explains the judgment in KO (Nigeria) and argues that it leaves significant tensions unresolved between the legislation on deportation and removal on one side, and the statutory commitment to the best interest of the child on the other.

AB - In KO (Nigeria), the Supreme Court have given an authoritative interpretation of s 19 of the Immigration Act 2014. This had been required because of an unusually high degree of judicial disagreement at the Upper Tribunal and Court of Appeal as to the proper interpretation of the removal and deportation provisions in that Act. Two different strands of interpretation emerged simultaneously – a weight interpretation and an exception interpretation – which the author explored in a previous volume of this journal. The Supreme Court have now authoritatively endorsed an approach to s 19, Immigration Act 2014 based on the creation in the Act of defined exceptions to deportation and removal. This article explains the judgment in KO (Nigeria) and argues that it leaves significant tensions unresolved between the legislation on deportation and removal on one side, and the statutory commitment to the best interest of the child on the other.

M3 - Article

VL - 33

SP - 8

EP - 26

JO - Journal of Immigration, Asylum and Nationality Law

JF - Journal of Immigration, Asylum and Nationality Law

SN - 1746-7632

IS - 1

ER -