De Gouveia -v- Lieutenant Governor [2012] JRC 060 (21 March 2012)

De Gouveia -v- Lieutenant Governor [2012] JRC 060 (21 March 2012)

The Lieutenant Governor's decision to deport the applicant was within the margin of discretion afforded to him, having considered all relevant factors and struck a fair balance between the seriousness of the offence and the applicant's Article 8 rights. The Minister for Home Affairs' blanket policy on the Temporary Release Scheme is arguably unreasonable for lack of discretion, justifying leave to apply for judicial review on that issue.

Citation
[2012] JRC 060
Parties
Applicant: De Gouveia; Respondent: Lieutenant Governor; Respondent: Minister for Home Affairs
Jurisdiction
Jersey
Judgment Date
21 March 2012
Procedural Posture
Application for Leave to Apply for Judicial Review / Ex Parte Hearing on Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused against the Lieutenant Governor; leave granted against the Minister for Home Affairs; application for stay refused.
Legal Topics
Deportation, Judicial Review, Proportionality, Article 8 ECHR, Temporary Release Scheme, Policy Discretion
Immigration Law Human Rights Law Administrative Law Deportation Judicial Review Proportionality Article 8 ECHR Temporary Release Scheme +1 more

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Parties

De Gouveia

Applicant

Lieutenant Governor

Respondent

Minister for Home Affairs

Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Ex Parte Hearing on Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Lieutenant Governor's deportation order was a disproportionate interference with Article 8 ECHR rights
  2. 2 Whether the Minister for Home Affairs' blanket policy on Temporary Release Scheme for deportees is unreasonable

Ratio Decidendi

The Lieutenant Governor's decision to deport the applicant was within the margin of discretion afforded to him, having considered all relevant factors and struck a fair balance between the seriousness of the offence and the applicant's Article 8 rights. The Minister for Home Affairs' blanket policy on the Temporary Release Scheme is arguably unreasonable for lack of discretion, justifying leave to apply for judicial review on that issue.

Court Disposition

Leave to apply for judicial review refused against the Lieutenant Governor; leave granted against the Minister for Home Affairs; application for stay refused.

Orders

  • Refusal of leave to apply for judicial review against the Lieutenant Governor's deportation order.
  • Grant of leave to apply for judicial review against the Minister for Home Affairs' policy on the Temporary Release Scheme.