Miszewski -v- AG [2011] JRC 038 (11 February 2011)

Miszewski -v- AG [2011] JRC 038 (11 February 2011)

The Assistant Magistrate correctly applied the legal test for recommending deportation, properly balanced the risk posed by the appellant against Article 8 rights, and there were no grounds to interfere with the decision as the risk to Miss X and the child outweighed the appellant's and family's right to respect for...

Source-derived case information.

Citation
[2011] JRC 038
Parties
Appellant: Andrej Marek Miszewski; Respondent: H M Lieutenant Governor
Jurisdiction
Jersey
Judgment Date
11 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Recommendation for Deportation Following Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Deportation, Domestic Violence, Article 8 ECHR, Public Good, Family Rights
Criminal Law Immigration Law Human Rights Law Deportation Domestic Violence Article 8 ECHR Public Good Family Rights

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Parties

Andrej Marek Miszewski

Appellant

H M Lieutenant Governor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Recommendation for Deportation Following Conviction and Sentence

Legal Issues

  1. 1 Whether the recommendation for deportation was wrong in principle, manifestly excessive, or disproportionate in light of Article 8 ECHR rights
  2. 2 Whether the appellant's continued presence is detrimental to the public good

Ratio Decidendi

The Assistant Magistrate correctly applied the legal test for recommending deportation, properly balanced the risk posed by the appellant against Article 8 rights, and there were no grounds to interfere with the decision as the risk to Miss X and the child outweighed the appellant's and family's right to respect for family life.

Court Disposition

appeal dismissed

Orders

  • Recommendation for deportation stands