AG -v- Vieira [2011] JRC 224 (24 November 2011)

AG -v- Vieira [2011] JRC 224 (24 November 2011)

The court found that Mr Vieira's continued presence is detrimental to the public interest due to repeated drug offences, and that neither his nor his children's Convention rights outweigh the interests of the community. Recommendation for deportation is justified.

Source-derived case information.

Citation
[2011] JRC 224
Parties
Applicant: Mr Vieira; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
24 November 2011
Procedural Posture
Criminal / Post Conviction, Sentencing, Deportation Recommendation
Outcome
Recommendation for deportation granted.
Legal Topics
Deportation, Drug Offences, Family Rights, Article 8 ECHR
Criminal Law Immigration Law Human Rights Law Deportation Drug Offences Family Rights Article 8 ECHR

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Parties

Mr Vieira

Applicant

Crown

Respondent

Procedural Posture

Criminal / Post Conviction, Sentencing, Deportation Recommendation

Legal Issues

  1. 1 Whether Mr Vieira should be recommended for deportation following conviction for drug importation offences
  2. 2 Balancing community interests against Convention rights of Mr Vieira and his family

Ratio Decidendi

The court found that Mr Vieira's continued presence is detrimental to the public interest due to repeated drug offences, and that neither his nor his children's Convention rights outweigh the interests of the community. Recommendation for deportation is justified.

Court Disposition

Recommendation for deportation granted.

Orders

  • Recommendation for deportation of Mr Vieira as requested by the Crown.