Mendonca -v- AG 21-Sept-2006 [2006] JRC 132 (21 September 2006)

Mendonca -v- AG 21-Sept-2006 [2006] JRC 132 (21 September 2006)

The applicant's repeated criminal conduct, risk of re-offending, and aggressive tendencies justify the finding that his continued presence is detrimental to the public good; family circumstances do not amount to an Article 8 ECHR breach.

Citation
[2006] JRC 132
Parties
Applicant: Jose Luis Da Silva Mendonça; Respondent: The Crown
Jurisdiction
Jersey
Judgment Date
21 September 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Deportation Recommendation
Outcome
application for leave to appeal refused
Legal Topics
Deportation, Violent Offences, Article 8 ECHR, Public Interest, Family Life
Criminal Law Immigration Law Human Rights Law Deportation Violent Offences Article 8 ECHR Public Interest Family Life

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Parties

Jose Luis Da Silva Mendonça

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Deportation Recommendation

Legal Issues

  1. 1 Whether the recommendation for deportation was justified under the public interest test
  2. 2 Whether deportation would breach Article 8 of the European Convention on Human Rights

Ratio Decidendi

The applicant's repeated criminal conduct, risk of re-offending, and aggressive tendencies justify the finding that his continued presence is detrimental to the public good; family circumstances do not amount to an Article 8 ECHR breach.

Court Disposition

application for leave to appeal refused

Orders

  • Leave to appeal against the deportation recommendation is refused.