AG -v- E [2016] JRC 222A (30 November 2016)

AG -v- E [2016] JRC 222A (30 November 2016)

The defendant's continued presence in Jersey is detrimental to the public good due to his criminal record and risk of re-offending; there is no evidence of dependency with Jersey-based family beyond emotional and blood ties, and the child now resides in Portugal. Deportation is not disproportionate under Article 8 ECHR.

Citation
[2016] JRC 222A
Parties
Prosecutor: AG; Defendant: E
Jurisdiction
Jersey
Judgment Date
30 November 2016
Procedural Posture
Criminal / Post Sentencing Deportation Recommendation
Outcome
Recommendation for deportation
Legal Topics
Deportation, Article 8 ECHR, Family Life, Public Good, Proportionality
Criminal Law Human Rights Law Immigration Law Deportation Article 8 ECHR Family Life Public Good Proportionality

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Parties

AG

Prosecutor

E

Defendant

Procedural Posture

Criminal / Post Sentencing Deportation Recommendation

Legal Issues

  1. 1 Whether the defendant's continued presence in Jersey is detrimental to the public good
  2. 2 Whether deportation would be disproportionate having regard to Article 8 ECHR rights of the defendant and his family

Ratio Decidendi

The defendant's continued presence in Jersey is detrimental to the public good due to his criminal record and risk of re-offending; there is no evidence of dependency with Jersey-based family beyond emotional and blood ties, and the child now resides in Portugal. Deportation is not disproportionate under Article 8 ECHR.

Court Disposition

Recommendation for deportation

Orders

  • Recommendation to Lieutenant Governor that the defendant be deported, based on the son’s permanent move to Portugal