||All England Reporter
|| All ER (D) 147 (Jul)
|| EWCA Civ 806
||Court of Appeal, Civil Division
Waller, Buxton and Smith LJJ
||Adeyinka Adedeji (instructed by the Citizens' Advice Bureau, Royal Courts of Justice branch) for the claimant.
||Samantha Broadfoot (instructed by the Treasury Solicitor) for the Secretary of State.
||11 July 2008
Immigration - Deportation - Decision to deport - Deportation on grounds of 'public policy' - Compliance with principles relevant to decision to deport - Claimant with right to reside in the United Kingdom being made subject of deportation order by Secretary of State - Asylum and Immigration Tribunal finding deportation order justified - Senior immigration judge upholding tribunal's decision - Whether deportation justified on grounds of public policy - Whether decision-makers erring in applying relevant principles - Immigration (European Economic Area) Regulations 2006, , .
Immigration Deportation. In the instant case, the Secretary of State's decision to deport the claimant (who had a right to reside in the United Kingdom) to the Netherlands, and subsequent decisions by the Asylum and Immigration Tribunal and a senior immigration judge upholding that decision, were justified, as they had conscientiously applied the relevant parts of the Immigration (European Economic Area) Regulations 2006, . The respective decision-makers had been entitled to conclude that an order for the claimant's deportation was justified on grounds of public policy. Neither the findings which had been made in respect of the claimant's personal circumstances, nor the view that the claimant posed a 'serious' threat of committing further criminal offences upon members of the public, could be challenged.
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