De Sousa v Att. Gen. [2004] JLR_Note 21 (04 May 2004)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Immigration / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that deportation may proceed if the public interest outweighs the individual's right to family life.
Court disposition
deportation order upheld
02
Material facts
Parties
De Sousa
ApplicantAttorney General
Respondent03
Procedural history
Posture
Immigration / Judgment
04
Questions and positions
Legal issues
Whether deportation of an offender infringes the right to family life
Party arguments
- Applicant
- Deportation would violate the applicant's right to family life.
- Respondent
- Deportation is justified despite the applicant's right to family life due to the applicant's offending.
05
Court’s reasoning
Legal principles
- 01
European Convention on Human Rights, Article 8
Right to family life must be balanced against the public interest in deporting offenders.
06
Ratio, limits and disposition
Ratio decidendi
The court held that deportation may proceed if the public interest outweighs the individual's right to family life.
Court disposition
deportation order upheld
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.
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> De Sousa v Att. Gen. [2004] JLR_Note 21 (04 May 2004) URL: https://www.bailii.org/je/cases/JLR/2004/JLR04N021.html Cite as: [2004] JLR_Note 21 [ New search ] [ Help ] De Sousa v Att. Gen. 2004 JLR Note 21 (04 May 2004) Immigration-deportation-deportation of offender-right to family life 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: 2004 JLR Note 21 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2004/JLR04N021.html
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