The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life.
Held: The court had to balance the public revulsion at his crimes with the need for compassion. The adjudicator exercised an original discretion and had to take into account all individual factors, and give appropriate weight to the Home Secretary’s considered opinions. Even so, the adjudicator was in no better position to the critical public interest than was the court. Given the need to allow for the public good and interest, it was right for the adjudicator to include in his exercise the nature of the offence. The Article 8 issues and deportation issues merged. Proper weight must be given to the Secretary of State’s policy on deportation, and in particular to the fact that she has taken the view, in the public interest that crimes of violence such as that committed by the appellant are sufficiently serious to warrant deportation.
Judges:
Lord Justice May Lord Justice Judge Lord Justice Sedlay
Citations:
[2004] EWCA Civ 1094, Times 13-Sep-2004, [2004] INLR 612
Links:
Statutes:
European Convention on Human Rights 8, Immigration Act 1971 3(2)
Jurisdiction:
England and Wales
Citing:
Appeal from – Secretary of State for the Home Department v N (Kenya) IAT 3-Feb-2004
. .
Cited by:
Cited – OH (Serbia) v Secretary of State for the Home Department CA 30-Apr-2008
Wilson LJ considered N (Kenya) and said: ‘Primary responsibility for the public interest, whose view of it is likely to be wide and better informed than that of a tribunal, resides in the respondent and accordingly a tribunal hearing an appeal . .
Cited – OP (Jamaica) v Secretary of State for the Home Department CA 1-May-2008
The applicant had been granted leave to stay. He was convicted of manslaughter and ordered to be deported on release. The Home Secretary appealed an overturning of the AIT decision in his favour, and the applicant in turn now appealed saying there . .
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: . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights, Criminal Sentencing
Updated: 14 November 2022; Ref: scu.199883
