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 had been no error of law.
Held: Wall LJ said: ‘The point, I think, shortly stated, is this. N (Kenya) makes it clear that 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. In such circumstances, her assessment had to be taken as a given, unless it is palpably wrong. It was, accordingly, at best a questionable operation for the first determination to evaluate the seriousness of the offence


Wall LJ


[2008] EWCA Civ 440




England and Wales


CitedN (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 . .

Cited by:

CitedSecretary 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, Crime

Updated: 13 June 2022; Ref: scu.267388