Camacho v Att. Gen. [2007] JLR 462 (19 July 2007)
- Citation
- [2007] JLR 462
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Immigration/deportation / Judgment
More details
- Posture
- Immigration/deportation / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court must balance the detriment to the community against the proportionality of deportation in light of the offender's and family's rights under Article 8 of the European Convention on Human Rights.
02
Material facts
Parties
Camacho
ApplicantAttorney General
Respondent03
Procedural history
Posture
Immigration/deportation / Judgment
04
Questions and positions
Legal issues
- 01
Whether the offender's continued presence in Jersey is detrimental to the community
- 02
Whether deportation is disproportionate considering the rights of the offender and others under the European Convention on Human Rights, especially Article 8
Party arguments
- Applicant
- Deportation would be disproportionate and infringe the right to respect for family life under Article 8 of the European Convention on Human Rights.
- Respondent
- The offender's continued presence in Jersey is detrimental to the community and deportation is justified.
05
Court’s reasoning
Legal principles
- 01
European Convention on Human Rights, Article 8
The court must consider (a) whether the offender's continued presence in Jersey is detrimental to the community; and (b) whether deportation is disproportionate considering the rights of the offender and others under the European Convention on Human Rights, especially the right to respect for family life under Article 8.
06
Ratio, limits and disposition
Ratio decidendi
The court must balance the detriment to the community against the proportionality of deportation in light of the offender's and family's rights under Article 8 of the European Convention on Human Rights.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Camacho v Att. Gen. [2007] JLR 462 (19 July 2007) URL: https://www.bailii.org/je/cases/JLR/2007/JLR070462.html Cite as: [2007] JLR 462 [ New search ] [ Help ] Camacho v Att. Gen. 2007 JLR 462 (19 July 2007) Immigration-deportation-deportation of offender-court to consider (a) whether offender's continued presence in Jersey detrimental to community; and (b) whether deportation disproportionate considering rights of offender and others under European Convention on Human Rights, especially right of offender and family to respect for family life under art. 8 The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2007 JLR 462 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2007/JLR070462.html
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