UTIAC (1) In automatic deportations made under s.32 (5) of the UK Borders Act 2007 the respondent’s executive responsibility for the public interest in determining whether deportation is conducive to the public good has been superseded by Parliament’s assessment of where the public interest lies in relation to those deemed to be foreign criminals within s.32(1)-(3). In consequence the respondent’s view of the public interest has no relevance to an automatic deportation.
(2) In such cases by virtue of s32(4) it is not open to an appellant to argue that his deportation is not conducive to the public good nor is it necessary for the respondent to argue that it is.
(3) The seriousness of an offence and the public interest are factors of considerable importance when carrying out the balancing exercise in article 8. As Parliament has now determined where the public interest lies in cases of automatic deportation, that factor must be taken into account together with the Tribunal’s own assessment of the seriousness of the offence. The gravity of criminal offending will normally be clear from the facts and nature of the offence, the views expressed by the sentencing judge and, importantly, the actual sentence.
Judges:
Sedley LJ, Latter, Ward SIJJ
Citations:
[2010] UKUT 281 (IAC), [2011] Imm AR 60
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 22 August 2022; Ref: scu.421572
