Schmelz v The Immigration Appeal Tribunal

Schmelz v The Immigration Appeal Tribunal

The seriousness and aggravating features of Mr Schmelz's offence justified his deportation under EU and UK law, and the adjudicator properly conducted the proportionality and balancing exercise. There was no error of law by the tribunal or adjudicator.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Deportation of EU Citizens, Proportionality in Deportation, Judicial Review of Tribunal Decisions
Immigration Law European Union Law Administrative Law Deportation of EU Citizens Proportionality in Deportation Judicial Review of Tribunal Decisions

Case Brief

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Parties

Wolfgang Schmelz

Claimant/appellant

The Immigration Appeal Tribunal

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the deportation of an EU citizen following a serious criminal conviction is lawful under EU and UK law
  2. 2 Whether the adjudicator and Immigration Appeal Tribunal erred in law in refusing leave to appeal
  3. 3 Whether the balancing exercise and proportionality test were properly applied

Ratio Decidendi

The seriousness and aggravating features of Mr Schmelz's offence justified his deportation under EU and UK law, and the adjudicator properly conducted the proportionality and balancing exercise. There was no error of law by the tribunal or adjudicator.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Public funding assessment of the appellant's costs