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 against a decision to deport should not only consider for itself all the facets of the public interest but should weigh, as a linked but independent feature, the approach to them adopted by the respondent in the context of the facts of the case. Speaking for myself, I would not however describe the tribunal’s duty in this regard as being higher than ‘to weigh’ this feature.’
‘A further important facet [of the public interest in deportation] is the role of a deportation order as an expression of society’s revulsion at serious crimes and in building public confidence in the treatment of foreign citizens who have committed serious crimes.’
Judges:
Wilson LJ
Citations:
[2008] EWCA Civ 694, [2009] INLR 109
Links:
Jurisdiction:
England and Wales
Citing:
Cited – N (Kenya) v The Secretary of State for the Home Department CA 5-Aug-2004
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 . .
Leave – OH (Serbia and Montenegro) v Secretary of State for the Home Department CA 5-Dec-2007
Renewed application for permission to appeal . .
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 – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.
Immigration, Crime
Updated: 09 August 2022; Ref: scu.270367