De Gouveia v Lieutenant Governor [2012] 1 JLR 291 (21 March 2012)

De Gouveia v Lieutenant Governor [2012] 1 JLR 291 (21 March 2012)

The Lieutenant Governor may order deportation if a fair balance is struck between public interest in preventing crime and the individual's right to private and family life, with significant weight given to deterrence in cases of serious offences such as importation of Class A drugs.

Citation
[2012] 1 JLR 291
Parties
Applicant: De Gouveia; Respondent: Lieutenant Governor
Jurisdiction
Jersey
Judgment Date
21 March 2012
Procedural Posture
Immigration Deportation / Judgment
Outcome
deportation may be ordered if fair balance is struck
Legal Topics
Deportation, ECHR Article 8, Balancing Rights, Crime Deterrence
Immigration Law Human Rights Law Deportation ECHR Article 8 Balancing Rights Crime Deterrence

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Parties

De Gouveia

Applicant

Lieutenant Governor

Respondent

Procedural Posture

Immigration Deportation / Judgment

Legal Issues

  1. 1 Whether deportation of the offender strikes a fair balance between public interest and the offender's right to private and family life under ECHR Article 8

Ratio Decidendi

The Lieutenant Governor may order deportation if a fair balance is struck between public interest in preventing crime and the individual's right to private and family life, with significant weight given to deterrence in cases of serious offences such as importation of Class A drugs.

Court Disposition

deportation may be ordered if fair balance is struck