Jersey Judgment

De Gouveia v Att. Gen. [2009] JLR 169 (16 May 2009)

Immigration Human Rights Deportation European Convention on Human Rights Right to Respect for Private and Family Life

Citation: [2009] JLR 169
Status: Judgment
Jurisdiction: Jersey
Posture: Immigration Deportation / Judgment

More details

Posture: Immigration Deportation / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court must balance the community's interest against the individual's rights under Article 8 of the European Convention on Human Rights when considering deportation.

Material facts

Parties

De Gouveia

Applicant

Attorney General

Respondent

Procedural history

Posture

Immigration Deportation / Judgment

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 family under the European Convention on Human Rights, especially Article 8

Party arguments

Applicant: Deportation would be disproportionate and infringe the right to respect for private and 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.

Court’s reasoning

Legal principles

01
European Convention on Human Rights, Article 8

Court must consider whether offender's continued presence is detrimental to the community and whether deportation is disproportionate considering rights under the European Convention on Human Rights, especially Article 8.

Ratio, limits and disposition

Ratio decidendi

The court must balance the community's interest against the individual's rights under Article 8 of the European Convention on Human Rights when considering deportation.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2009] JLR 169

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BAILII >> Databases >> Jersey Law Reports >> De Gouveia v Att. Gen. [2009] JLR 169 (16 May 2009) URL: https://www.bailii.org/je/cases/JLR/2009/JLR090169.html Cite as: [2009] JLR 169 [ New search ] [ Help ] De Gouveia v Att. Gen. 2009 JLR 169 (16 May 2009) 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 family under European Convention on Human Rights, especially right to respect for private and 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: 2009 JLR 169 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2009/JLR090169.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

European Convention on Human Rights, Article 8

Legislation

Legislation referenced in the available case record.

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