Source: All England Reporter
Publisher Citation: [2003] All ER (D) 255 (Feb)
Neutral Citation: [2003] EWCA Civ 146
Court: Court of Appeal, Civil Division

Ward, Laws and Jonathan Parker LJJ

Representation Nicholas Blake QC and Kathryn Cronin (instructed by South West Law) for the claimant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 19 February 2003


Immigration - Deportation - Deportation conducive to public good - Criminal conviction - Recommendation for deportation following criminal conviction quashed on appeal - Duty of Secretary of State to consider prior reasoning of criminal court in determining whether deportation conducive to public good - ss 3(5)(a), 3(6).

The Case

Although there was no basis for applying a presumption to the effect that the Secretary of State, in considering his power to order deportation as conducive for the public good, under s3(5)(a) of the should follow the distinct decision of a criminal court not to recommend deportation, there was a duty upon the Secretary of State to explain, however shortly, why he was taking a different view from that of the criminal court.

Practice Areas

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