Where an appellant is subject to a decision to make a deportation order following a criminal conviction, is not subject to automatic deportation under s.32 of the UK Borders Act 2007 (‘UKBA 2007’) because he comes within one of the ‘exceptions’ set out in s.33, relevant case law decided in respect of pre-UKBA 2007 deportations remains applicable.
In such a case, in line with the Court of Appeal guidance in N (Kenya) [2004] EWCA Civ 104, the immigration judge must attach weight to the Secretary of State’s view of the public interest in arriving at his conclusion.
Citations:
[2010] UKUT 328 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 25 August 2022; Ref: scu.425489
