When deciding whether to order a deportation, the Home Secretary will have much material not before the courts, including as to conditions in the place to which the applicant might be deported), and he is better placed to take a wider policy-based view on the key question as to whether removal can be justified as ‘necessary in the interests of a democratic society’.
Citations:
[1999] INLR 256, [1999] EWCA Civ 990
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Secretary of State for Home Department ex parte Ali Dinc Admn 3-Apr-1998
The applicant had been sentenced to five years imprisonment for possession of heroin with intent to supply.
Held: In making the decision whether under the Immigration Rules, a deportation order should be made, the Secretary of State was . .
Cited by:
Cited – M v the Secretary of State for the Home Department CA 19-Feb-2003
The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his . .
Lists of cited by and citing cases may be incomplete.
Immigration, Criminal Sentencing, Human Rights
Updated: 05 December 2022; Ref: scu.145905