Abdi, R v

Abdi, R v

Failure to serve notice under s 6(2) Immigration Act 1971 does not automatically invalidate a recommendation for deportation where the appellant is not a British citizen, suffered no prejudice, and was able to address the issue; Parliament did not intend total invalidity for such non-compliance.

Parties
Respondent: R; Appellant: Liban Abdi
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Recommendation for Deportation
Outcome
Appeal dismissed
Legal Topics
Deportation, Sentencing, Notice Requirements, Sexual Offences Against Children
Criminal Law Immigration Law Deportation Sentencing Notice Requirements Sexual Offences Against Children

Case Brief

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Parties

R

Respondent

Liban Abdi

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Recommendation for Deportation

Legal Issues

  1. 1 Whether failure to serve notice under s 6(2) Immigration Act 1971 invalidates a recommendation for deportation
  2. 2 Whether the recommendation for deportation was appropriate on the merits

Ratio Decidendi

Failure to serve notice under s 6(2) Immigration Act 1971 does not automatically invalidate a recommendation for deportation where the appellant is not a British citizen, suffered no prejudice, and was able to address the issue; Parliament did not intend total invalidity for such non-compliance.

Court Disposition

Appeal dismissed

Orders

  • Recommendation for deportation upheld