Source: All England Reporter
Publisher Citation: [2013] All ER (D) 10 (Jan)
Neutral Citation: [2012] EWCA Civ 1736
Court: Court of Appeal, Civil Division
Judge:

Ward, Elias and Pitchford LJJ

Representation Richard Drabble QC and Ranjiv Khubber (instructed by Fadiga & Co Ltd) for DH.
  Richard Drabble QC and Mikhil Karnik (instructed by Joint Council for the Welfare of Immigrants) for AB.
  Kieron Beal QC (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 December 2012

Catchwords

Immigration - Appeal - Deportation - Appellant Jamaican and Moroccan nationals unlawfully entering United Kingdom and having children born in UK - Appellants being convicted of serious criminal offences - Secretary of State ordering deportation of appellants - Appellants appealing on ground European Union case law applying - Appellants submitting deportation being incompatible with right to respect for private and family life - Whether EU case law applying - Whether deportation being incompatible with right to respect for private and family life - European Convention on Human Rights, art 8.

The Case

Immigration Appeal. The appellant Jamaican and Moroccan nationals unlawfully entered the United Kingdom and had children born in UK. They were convicted of serious criminal offences and the Secretary of State ordered their deportation. The appellants appealed. The Court of Appeal, Civil Division, in dismissing their appeals, held that EU law was not engaged as the children would not be compelled to leave the country if the appellants were refused the right of residence, albeit that the children's quality of life was diminished. Further, their rights to private and family life were not infringed.

Practice Areas

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