Szulc -v- AG [2013] JRC 249 (09 December 2013)

Szulc -v- AG [2013] JRC 249 (09 December 2013)

The Relief Magistrate misdirected himself by disregarding the fiancée's long-term residence and Convention rights; the appellate court found that, while the appellant's conduct met the threshold for detriment, the balancing exercise required by law weighed in favour of setting aside the deportation recommendation due to the fiancée's rights and circumstances.

Citation
[2013] JRC 249
Parties
Appellant: Unknown (Appellant/Defendant); Respondent: Attorney General (Respondent)
Jurisdiction
Jersey
Judgment Date
09 December 2013
Procedural Posture
Criminal Appeal / Appeal Against Deportation Recommendation
Outcome
Appeal allowed
Legal Topics
Deportation, European Convention Rights, Driving Offences, Judicial Discretion
Criminal Law Immigration Law Human Rights Deportation European Convention Rights Driving Offences Judicial Discretion

Case Brief

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Parties

Unknown (Appellant/Defendant)

Appellant

Attorney General (Respondent)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Deportation Recommendation

Legal Issues

  1. 1 Whether the appellant's continued presence in the Island is detrimental
  2. 2 Whether European Convention rights preclude a deportation recommendation

Ratio Decidendi

The Relief Magistrate misdirected himself by disregarding the fiancée's long-term residence and Convention rights; the appellate court found that, while the appellant's conduct met the threshold for detriment, the balancing exercise required by law weighed in favour of setting aside the deportation recommendation due to the fiancée's rights and circumstances.

Court Disposition

Appeal allowed

Orders

  • Recommendation for deportation set aside
  • Costs awarded to the defence