De Sousa v AG [2004] JCA 078 (04 May 2004)

De Sousa v AG [2004] JCA 078 (04 May 2004)

The recommendation for deportation is disproportionate due to the severe impact on the applicant's wife and child, given her medical needs and inability to relocate, thus violating Article 8 ECHR.

Citation
[2004] JCA 078
Parties
Applicant: Applicant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
04 May 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Deportation Recommendation
Outcome
recommendation for deportation quashed; leave to appeal granted; costs awarded to applicant
Legal Topics
Deportation, Right to Family Life, Proportionality, European Convention on Human Rights
Criminal Law Human Rights Law Deportation Right to Family Life Proportionality European Convention on Human Rights

Case Brief

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Parties

Applicant

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Deportation Recommendation

Legal Issues

  1. 1 Whether the recommendation for deportation was disproportionate having regard to Article 8 of the European Convention on Human Rights

Ratio Decidendi

The recommendation for deportation is disproportionate due to the severe impact on the applicant's wife and child, given her medical needs and inability to relocate, thus violating Article 8 ECHR.

Court Disposition

recommendation for deportation quashed; leave to appeal granted; costs awarded to applicant

Orders

  • Recommendation for deportation quashed.
  • Leave to appeal granted.