Mendes v AG [2003] JCA 106 (29 June 2003)

Mendes v AG [2003] JCA 106 (29 June 2003)

Applicant misunderstood legal advice due to language barrier, constituting mistake; withdrawal of abandonment allowed. Deportation recommendation upheld as proportional and not infringing Article 8 ECHR.

Citation
[2003] JCA 106
Parties
Applicant: Nuno Miguel Mendes; Family Member: Christine Smith; Previous Advocate: Advocate Fogarty; Respondent Advocate: Crown Advocate Robinson
Jurisdiction
Jersey
Judgment Date
29 June 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Withdrawal of Abandonment
Outcome
Leave to appeal granted; appeal refused; withdrawal of abandonment allowed.
Legal Topics
Deportation, Right to Family Life, Appeal Procedure, Withdrawal of Abandonment, Recommendation for Deportation
Criminal Law Human Rights Law Deportation Right to Family Life Appeal Procedure Withdrawal of Abandonment Recommendation for Deportation

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Parties

Nuno Miguel Mendes

Applicant

Christine Smith

Family Member

Advocate Fogarty

Previous Advocate

Crown Advocate Robinson

Respondent Advocate

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Withdrawal of Abandonment

Legal Issues

  1. 1 Whether the applicant can withdraw notice of abandonment of appeal
  2. 2 Whether the recommendation for deportation infringes Article 8 ECHR
  3. 3 Whether the applicant's continued presence is detrimental to Jersey

Ratio Decidendi

Applicant misunderstood legal advice due to language barrier, constituting mistake; withdrawal of abandonment allowed. Deportation recommendation upheld as proportional and not infringing Article 8 ECHR.

Court Disposition

Leave to appeal granted; appeal refused; withdrawal of abandonment allowed.

Orders

  • Applicant permitted to withdraw notice of abandonment.
  • Appeal to proceed on merits.