NB (Jamaica) v SSHD

NB (Jamaica) v SSHD

The error regarding permanent exclusion was not material as the appellant's family life would be terminated regardless; the balancing exercise under Article 8(2) was properly conducted and deportation was not disproportionate given the seriousness of the offences.

Parties
Appellant: NB (Jamaica); Respondent: SSHD
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; Application refused
Legal Topics
Deportation, Article 8 ECHR, Family Life, Balancing Exercise, Permanent Exclusion
Immigration Law Human Rights Law Deportation Article 8 ECHR Family Life Balancing Exercise Permanent Exclusion

Case Brief

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Parties

NB (Jamaica)

Appellant

SSHD

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether deportation would breach Article 8 of the European Convention on Human Rights
  2. 2 Whether the balancing exercise under Article 8(2) was properly conducted
  3. 3 Whether permanent exclusion was properly considered

Ratio Decidendi

The error regarding permanent exclusion was not material as the appellant's family life would be terminated regardless; the balancing exercise under Article 8(2) was properly conducted and deportation was not disproportionate given the seriousness of the offences.

Court Disposition

Appeal dismissed; Application refused

Orders

  • Appeal dismissed
  • Permission to appeal refused