Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal: CA 1992

The applicant, a Kuwaiti citizen of previous good character had been ordered to be deported after serving a sentence for drugs and dishonesty. He sought review of the IAT’s refusal of his appeal, arguing that Rule 162 of the 1983 rules required the Home Secretary to apply the same rules to both EC and non-EC nationals, and that contrary to EC law, a deportation could not be based solely on a conviction.
Held: The appeal failed. The rules expressly allowed for different treatment of non-EC citizens. The decision could be made in the light of the severity of the offence itself. The cases involving deportation by criminal courts had no direct application. Taylor LJ said: ‘Those cases [sc. Nazari and later authorities of the CACD] were all concerned with the correct approach by a trial judge to recommending deportation. They did not purport to define or limit the scope of the Secretary of State’s discretion under s.(3)(5)(b) [now s.3(5)(a)] of the Act… In Hukam Saib, Stocker LJ said at page 378: ‘ . . it is to be noted that the case [of Nazari] was an appeal to the Criminal Division of this court, and related to guidelines which the court was laying down (so far as it was possible to lay down general guidelines) for the guidance of courts in making recommendations for deportation. It did not, and did not purport to lay down any guidelines for the exercise of his discretion by the Secretary of State’.’

Judges:

Taylor LJ

Citations:

[1992] IAR 223, [1992] Imm AR 223

Statutes:

Immigration Act 1971 3(5)(b) 19, Immigration Rules 1983 34 69 162

Jurisdiction:

England and Wales

Cited by:

CitedB v Secretary of State for Home Department CA 18-May-2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Immigration, European

Updated: 23 June 2022; Ref: scu.191191