Compelling reasons necessary to outweigh the strong public interest in deporting foreign criminals
Secretary of State for the Home Department v LW (Jamaica)  EWCA Civ 369
- Related Member(s):
- Samantha Knights QC, Anita Davies
- Related Practice Area(s):
- Human Rights, Immigration, Asylum and Free Movement
- Court of Appeal (Civil Division)
The Home Secretary challenged the decision of the First-Tier and Upper Tribunals to allow an appeal by a Jamaican national against deportation due to criminal conduct. Held: The approach to the applicable Immigration Rules was erroneous. While a 40-year period of lawful residence and ECHR, art 8 were relevant, compelling reasons were necessary to outweigh the strong public interest in deporting foreign criminals.
Samantha Knights and Anita Davies were involved in this case.