The appellant had been convicted of a sexual assault on a boy, and recommended for deportation on completion of his sentence. He had not however been served with notice of the possibility of such an order, as required by section 6 of the 1971 Act, and now appealed.
Held: The section clearly required the notice, and the court was now asked whether that was fatal to the order made. Applying Soneji, ‘we do not believe that the court should impute to Parliament an intention that non-compliance with s 6(2) should necessarily render a recommendation for deportation invalid. Unless that were the proper construction of the Act, the ground of appeal based on lack of notice must in this case fail.’ That would not leave the appellant without the ability to challenge the order, and the court considered whether it was appropriate. It was.
References: [2007] EWCA Crim 1913
Links: Bailii
Statutes: Immigration Act 1971 3(5) 3(6) 6
Jurisdiction: England and Wales
This case cites:
- Cited – Regina v Nazari CACD 1980 ((1980) 2 Cr App R (S) 84, (1980) 71 Cr App R 87, [1980] 1 WLR 1366)
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without . . - Cited – Regina v Soneji and Bullen HL 21-Jul-2005 (, [2005] UKHL 49, , Times 22-Jul-05, [2005] 3 WLR 303, [2006] 1 AC 340, [2006] 1 Cr App R(S) 79, [2006] Crim LR 167, [2005] 4 All ER 321, [2006] 2 Cr App R 20)
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . . - Cited – Project Blue Sky Inc v Australian Broadcasting Authority 28-Apr-1998 ((1998) 194 CLR 355, [1998] HCA 28, , (1998) 153 ALR 490, (1998) 72 ALJR 841, (1998) 8 Legal Rep 41)
(High Court of Australia) ‘In our opinion, the Court of Appeal of New South Wales was correct in Tasker v Fullwood in criticising the continued use of the ‘elusive distinction between directory and mandatory requirements’ and the division of . . - Cited – Wang v Commissioner of Inland Revenue PC 19-Oct-1994 (Gazette 19-Oct-94, [1994] 1 WLR 1286, [1995] 1 All ER 367)
(Hong Kong) At first instance the judge found that the deputy commissioner lacked jurisdiction to make two determinations since he had not done so within a reasonable time required by the imperative language of the statute. The Court of Appeal . .
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Last Update: 22 September 2020; Ref: scu.258481 br>