''BA (Nigeria) v Secretary of State'' was a case heard by the

Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...

on the 30 July 2009. The justices were Lord Hope of Craighead, the Deputy President of the Supreme Court, Lord Scott of Foscote, Lord Rodger of Earlsferry, Baroness Hale of Richmond,

Lord Brown of Eaton-under-Heywood Simon Denis Brown, Baron Brown of Eaton-under-Heywood, PC (born 9 April 1937) is a British barrister and former Law Lord and Justice of the Supreme Court of the United Kingdom, from 2009 to 2012. Early life The son of Denis Baer Brown and Edn ...

Facts

The case regards BA, a Nigerian national who first entered the United Kingdom in 1988 as a visitor and was given 6 months leave to enter. He was then later given leave to remain as a student until the end of August, 1991, and then on the 25 of May 1994, he was given permanent leave to remain, as per his being married to a British citizen. On 20 May 2005, he was served with a decision by the Secretary of State that he was to be deported following his release on licence from a 10-year sentence of imprisonment for conspiracy to import

class A drug These drugs are known in the UK as ''controlled drugs'', because this is the term by which the act itself refers to them. In more general terms, however, many of these drugs are also controlled by the Medicines Act 1968, there are many other dru ...

s. He appealed against the asylum and immigration tribunal on human rights grounds and failed. He was served with a deportation order on 25 May 2007. On 25 June 2007 and 8 August 2007 further submissions were made on his behalf as to why he should not be deported. The Secretary of State agreed to consider his reasons for seeking revocation of the deportation order, but she declined to revoke it. Directions were then given for him to be removed from this country on 29 December 2007.

Judgment

The Supreme Court so held in dismissing an appeal by the Secretary of State for the Home Department against a decision of the Court of Appeal allowing the appeal of the claimants, BA, a Nigerian national, and PE, a national of Cameroon, from a decision of Blake J, sitting in the Administrative Court of the Queen's Bench Division 0084 All ER 798, that the claimants had no right of appeal exercisable within the UK against the Secretary of State's refusal to revoke deportation orders made against them. Lord Roger and Lord Brown delivered concurring opinions, Lord Scott agreed and Baroness Hale delivered a dissenting opinion.

Significance

The court ruled that, contrary to the opinion expressed by the Home Secretary in refusing to rescind the plaintiff's deportation order, an appeal of a refusal to revoke a deportation order did not have to be made from abroad.The Times
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Notes

Supreme Court of the United Kingdom cases 2009 in United Kingdom case law Nigeria–United Kingdom relations Deportation from the United Kingdom Home Office litigation {{UK-law-stub