KD (Ivory Coast) v Secretary of State for the Home Department [2009] EWCA Civ 934 (14 May 2009)

KD (Ivory Coast) v Secretary of State for the Home Department [2009] EWCA Civ 934 (14 May 2009)

The tribunal was entitled on the facts to conclude that the applicant's offences, though serious, were not of such gravity as to outweigh the substantial Article 8 considerations in his favour, and the absence of explicit reference to the Secretary of State's policy was not fatal to the decision.

Citation
[2009] EWCA Civ 934
Parties
Respondent/appellant: KD (Ivory Coast); Appellant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
14 May 2009
Procedural Posture
Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Deportation, Article 8 ECHR, Public Interest, Criminal Convictions, Proportionality
Immigration Law Human Rights Law Deportation Article 8 ECHR Public Interest Criminal Convictions Proportionality

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Parties

KD (Ivory Coast)

Respondent/appellant

Secretary of State for the Home Department

Appellant/respondent

Procedural Posture

Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the tribunal erred in its approach to the applicant's criminal record when balancing Article 8 rights against the public interest in deportation
  2. 2 Whether the tribunal failed to give proper weight to the Secretary of State's policy and the seriousness of the offences

Ratio Decidendi

The tribunal was entitled on the facts to conclude that the applicant's offences, though serious, were not of such gravity as to outweigh the substantial Article 8 considerations in his favour, and the absence of explicit reference to the Secretary of State's policy was not fatal to the decision.

Court Disposition

appeal dismissed

Orders

  • The appeal by the Secretary of State is dismissed.