Omaboe, R v [2009] EWCA Crim 2355 (30 October 2009)

Omaboe, R v [2009] EWCA Crim 2355 (30 October 2009)

The judge gave adequate reasons for the deportation recommendation, proper notice was given, the case was not subject to automatic deportation provisions, and the delay in filing the appeal was not justified. The applicant's continued presence was properly found to be to the potential detriment of the country.

Citation
[2009] EWCA Crim 2355
Parties
Prosecution: Regina; Applicant: Gabriel Omaboe
Jurisdiction
England and Wales
Judgment Date
30 October 2009
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Deportation Recommendation
Outcome
application for extension of time and leave to appeal dismissed
Legal Topics
Possession of False Identity Documents, Deportation Recommendation, Appeal Out of Time
Criminal Law Immigration Law Possession of False Identity Documents Deportation Recommendation Appeal Out of Time

Case Brief

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Parties

Regina

Prosecution

Gabriel Omaboe

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Deportation Recommendation

Legal Issues

  1. 1 Whether the judge gave adequate reasons for recommending deportation
  2. 2 Whether sufficient notice was given for the deportation recommendation
  3. 3 Whether the automatic deportation provisions applied

Ratio Decidendi

The judge gave adequate reasons for the deportation recommendation, proper notice was given, the case was not subject to automatic deportation provisions, and the delay in filing the appeal was not justified. The applicant's continued presence was properly found to be to the potential detriment of the country.

Court Disposition

application for extension of time and leave to appeal dismissed

Orders

  • renewed applications for extension of time and leave to appeal are dismissed