When considering an order for the deportation of a non-EU national on completion of a term of imprisonment, the actual weight to be placed on the criminal offending must depend on the seriousness of the offence(s) and the other circumstances of the case.
Richards, Mummery, Toulson LJJ
[2010] EWCA Civ 10, (2010) 107(6) LSG 18, [2010] WLR (D) 8, [2010] 1 WLR 1607
Bailii, WLRD
England and Wales
Cited by:
Cited – Secretary of State for The Home Department v HK (Turkey) CA 27-May-2010
The SS appealed against the successful appeal by the respondent against a deportation order. He had come to England in 1994, been granted indefinite leave to stay, and made a family here. In 2007 he was convicted of grievous bodily harm.
Held: . .
Cited – MJ (Angola) v Secretary of State for The Home Department CA 20-May-2010
The applicant had been ordered to be deported and returned to Angola, but at the same time he was a detained mental patient. He argued that a return would breach his Article 8 rights.
Held: The respondent was entitled to decide to deport the . .
Cited – Batista v Secretary of State for The Home Department CA 29-Jul-2010
The claimant appealed against a deportation order requiring his return to Portugal. He said that when considering the effect of the order on his family, the AIT had applied the wrong test.
Held: The appeal succeeded. The test to be applied was . .
Lists of cited by and citing cases may be incomplete.
Immigration, Criminal Sentencing
Updated: 17 November 2021; Ref: scu.393377
