Camacho v Att. Gen. [2007] JLR 462 (19 July 2007)

Camacho v Att. Gen. [2007] JLR 462 (19 July 2007)

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.

Citation
[2007] JLR 462
Parties
Applicant: Camacho; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
19 July 2007
Procedural Posture
Immigration/deportation / Judgment
Legal Topics
Deportation, Proportionality, Right to Family Life, European Convention on Human Rights Article 8
Immigration Law Human Rights Law Deportation Proportionality Right to Family Life European Convention on Human Rights Article 8

Case Brief

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Parties

Camacho

Applicant

Attorney General

Respondent

Procedural Posture

Immigration/deportation / Judgment

Legal Issues

  1. 1 Whether the offender's continued presence in Jersey is detrimental to the community
  2. 2 Whether deportation is disproportionate considering the rights of the offender and others under the European Convention on Human Rights, especially Article 8

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.