Jersey Judgment

Att. Gen. v Benyoucef [2008] JLR_Note 35 (19 September 2008)

Human Rights Right to Family Life Deportation

Status: Judgment
Jurisdiction: Jersey
Posture: Deportation / Judgment

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Holding and result

The court considered whether deportation would constitute a disproportionate interference with the respondent's right to family life.

Material facts

Parties

Attorney General

Applicant

Benyoucef

Respondent

Procedural history

Posture

Deportation / Judgment

Questions and positions

Legal issues

Whether deportation infringes the right to family life under human rights law

Party arguments

Applicant: The applicant seeks deportation, contending it is lawful and justified.
Respondent: The respondent opposes deportation, arguing it infringes the right to family life.

Court’s reasoning

Legal principles

01
Human Rights Law

Right to respect for family life must be balanced against the interests of immigration control.

Ratio, limits and disposition

Ratio decidendi

The court considered whether deportation would constitute a disproportionate interference with the respondent's right to family life.

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Judgment

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