(1) In Scotland, as in England and Wales, the seriousness of the criminal offence that has caused the Secretary of State to decide to deport a foreign criminal should be determined by reference to the sentence of imprisonment actually imposed, rather than what it would have been but for any discount applied by reason of a guilty plea or other factor: HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176.
(2) It will rarely be appropriate for the First-tier Tribunal to undertake a discrete examination of aggravating or mitigating features of the offence in question. Where it does so, the Tribunal must ensure that it does not engage in any ‘double-counting’ of such a feature when striking the proportionality balance under Article 8(2) of the ECHR.
Judges:
The Hon Mr Justice Lane, President
Mr C M G Ockelton, Vice President
Lord Matthews
Citations:
[2021] UKUT 287 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 13 April 2022; Ref: scu.671704