| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 219 (May) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Tuckey and Toulson LJJ |
| Representation | Andrew Nicol QC and Nabila Malik (instructed by Duncan Moghal Solicitors) for the applicant. |
| Tim Eicke (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 16 May 2008 |
Catchwords
Immigration - Appeal - Deportation - Appeal against deportation - Applicant convicted of sexual assault - Home Office issuing deportation order - Applicant appealing - Immigration judge allowing appeal - Tribunal finding, on reconsideration, material error of law - Tribunal overturning first tribunal's decision and dismissing applicant's appeal - Whether tribunal erring.
The Case
In circumstances where the applicant had received a two-year conditional discharge for a sexual assault and had received a deportation order in view of a recommendation for deportation following that offence, the Asylum and Immigration Tribunal had erred in stating that there would need to be the most exceptional circumstances before a person who received a condition discharge could be recommended for deportation. That approach did not arise from the legislation and was tantamount to saying that, where a sentencing court had made an order for conditional discharged and made a recommendation for deportation, only in the most exceptional circumstances would the tribunal permit such a recommendation to be carried out.
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