Immigration Rules must be considered when assessing proportionality to make a deportation order


Re: Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60

This appeal related to a challenge to a deportation order made in respect of the appellant, following his unlawful entry into the UK, his failed asylum claim, and his conviction for Class A and C drug possession with intent to supply for which he was imprisoned for four years. By a majority of 6 to 1, the Supreme Court dismissed the appellant’s appeal, holding that the Immigration Rules were a relevant and important consideration which should have been taken into account when assessing the proportionality of the interference with the appellant’s ECHR, art 8 rights. Thus, per the Rules, there is a presumption in favour of deportation of foreign criminals in the public interest. Absent compelling reasons in the alternative, which were not found in this case, public interest in the offender’s deportation outweighs countervailing considerations of private or family life where there has been a custodial sentence of four years or more.