Schmelz, R (on the application of) v Immigration Appellate Authority

Schmelz, R (on the application of) v Immigration Appellate Authority

The adjudicator carried out the required balancing exercise, considering all relevant factors including the claimant's long residence, lack of ties, employment history, and low risk of reoffending. The seriousness of the offence, as reflected in the 12-year sentence for a carefully planned and aggravated robbery, was sufficient to justify deportation in the public interest, even for an EU national. The deportation order was not disproportionate in the circumstances.

Parties
Claimant: Schmelz; Defendant: Immigration Appellate Authority
Jurisdiction
England and Wales
Judgment Date
15 July 2003
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review and Permission to Appeal
Outcome
Application for judicial review refused; permission to appeal granted on one point; no order for costs except legal aid assessment.
Legal Topics
Deportation of EU Nationals, Proportionality, Public Policy Exception, Judicial Review Standards
Immigration Law European Union Law Administrative Law Deportation of EU Nationals Proportionality Public Policy Exception Judicial Review Standards

Case Brief

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Parties

Schmelz

Claimant

Immigration Appellate Authority

Defendant

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review and Permission to Appeal

Legal Issues

  1. 1 Whether the adjudicator failed to carry out the necessary balancing exercise in considering deportation of an EU national
  2. 2 Whether deportation was a proportionate response given the seriousness of the offence and the claimant's circumstances
  3. 3 Whether the seriousness of the offence alone can justify deportation under EU law

Ratio Decidendi

The adjudicator carried out the required balancing exercise, considering all relevant factors including the claimant's long residence, lack of ties, employment history, and low risk of reoffending. The seriousness of the offence, as reflected in the 12-year sentence for a carefully planned and aggravated robbery, was sufficient to justify deportation in the public interest, even for an EU national. The deportation order was not disproportionate in the circumstances.

Court Disposition

Application for judicial review refused; permission to appeal granted on one point; no order for costs except legal aid assessment.

Orders

  • Application for judicial review refused
  • Permission to appeal to the Court of Appeal granted on the issue of whether a 12-year sentence equates to engaging the fundamental interests of society