Schmelz v The Immigration Appeal Tribunal [2004] EWCA Civ 29 (15 January 2004)
The seriousness and aggravating features of Mr Schmelz's offence, combined with his criminal history, justified his deportation as proportionate and lawful under EU law, and the adjudicator and Tribunal did not err in law or in the balancing exercise required.
- Citation
- [2004] EWCA Civ 29
- Parties
- Claimant/appellant: Wolfgang Schmelz; Defendant/respondent: The Immigration Appeal Tribunal
- Jurisdiction
- England and Wales
- Judgment Date
- 15 January 2004
- Procedural Posture
- Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Deportation of EEA Nationals, Proportionality in Deportation, Public Interest in Immigration, Judicial Review of Tribunal Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
Wolfgang Schmelz
Claimant/appellant
The Immigration Appeal Tribunal
Defendant/respondent
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court
Legal Issues
- 1 Whether the deportation of an EEA national following a serious criminal conviction is lawful under EU law and proportional
- 2 Whether the Immigration Appeal Tribunal and adjudicator erred in law in refusing leave to appeal and upholding deportation
Ratio Decidendi
The seriousness and aggravating features of Mr Schmelz's offence, combined with his criminal history, justified his deportation as proportionate and lawful under EU law, and the adjudicator and Tribunal did not err in law or in the balancing exercise required.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No order as to costs
Full Case Text
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