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Compelling reasons necessary to outweigh the strong public interest in deporting foreign criminals

Secretary of State for the Home Department v LW (Jamaica) [2016] EWCA Civ 369

Related Member(s):
Samantha Knights, Anita Davies
Related Practice Area(s):
Human Rights, Immigration, Asylum and Free Movement
Court:

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.