(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was not brought to court, and sought habeas corpus. An order was made for his deportation, of which he sought judicial review.
Held: As to the complaint about the lack of opportunity to make representations on the non renewal of his work permit, it was said that he had taken unpaid work as a pastor. He had not been given opportunity to make representations on that. Appeal allowed in part.
Lady Hale said: ‘The decision-maker has to balance the reason for the expulsion against the impact upon other family members, including any alternative means of preserving family ties. The reason for deporting may be comparatively weak, while the impact on the rest of the family, either of being left behind or of being forced to leave their own country, may be severe. On the other hand, the reason for deporting may be very strong, or it may be entirely reasonable to expect the other family members to leave with the person deported.’
Judges:
Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood
Citations:
[2004] 3 WLR 1430, [2005] 1 AC 538, [2004] UKPC 49
Links:
Jurisdiction:
Commonwealth
Citing:
Cited – McInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Rees and Others v Crane PC 30-Mar-1994
(Trinidad and Tobago) A High Court judge complained that he had been unlawfully excluded from the roster of sittings for the following term.
Held: The procedure to suspend judge had to be followed closely. In this case there had been a breach . .
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
Cited – Wills v Bowley HL 1983
The section required a constable to ‘take into custody without warrant, and forthwith convey before a Justice, any person who in his view’ commits a range of offences.
Held: It was to be construed in such a way as not unduly to narrow the . .
Cited – Tre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
Cited – Societe United Docks v Government of Mauritius; Marine Workers Union v Mauritius Marine Authority PC 1985
(Mauritius) Dockworkers and the Ports Authority, submitted their wage dispute to binding arbitration. The award granted a substantial wage increase which the workers then sought to have enforced. The government, brought in legislation allowing the . .
Cited – Regina v Assistant Commissioner of Police of the Metropolis ex parte Howell 1986
After twelve years a London cab driver’s licence was not renewed on medical grounds.
Held: His challenge succeeded because he had been given no opportunity to make representations about the matters said to have concerned the decision-makers. . .
Cited – Regina v Hallstrom and another, ex parte W (No 2) 1986
A judicial review application by a mental patient, requires the permission of a High Court judge: ‘There is . . a canon of construction that Parliament is presumed not to enact legislation which interferes with the liberty of the subject without . .
Cited – Independent Publishing Company Limited v The Attorney General of Trinidad and Tobago, The Director of Public Prosecutions PC 8-Jun-2004
PC (Trinidad and Tobago) The newspapers had been accused of contempt of court having reported matters in breach of court orders, and the editors committed to prison after a summary hearing: ‘In deciding whether . .
Cited – Thakur Persad Jaroo v Attorney-General of Trinidad and Tobago PC 4-Feb-2002
(Trinidad and Tobago) The appellant sought a declaration that his constitutional rights had been infringed. He had bought a car. When told it may be stolen, he took it to the police station, but after he heard nothing and it was not returned. He . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 28 May 2022; Ref: scu.218713