Scottish Human Rights Law Group

Contribution by Maria Clarke

The ECHR ruled unanimously that the deportation of a Pakistani national who had resided in the UK since he was three years old would be a breach of Art 8 of the ECHR if carried through.

Taking account of the time spent in UK, the lack of ties with Pakistan, the strength of his ties to UK and the fact that he had not offended since 2006 meant that deportation was not proportionate to the legitimate aim pursued and therefore was not necessary in a democratic society.

The applicant had been sentenced to seven years imprisonment for importing heroin. Following his release from prison he was served with a deportation order due to the seriousness of the offence.

The court considered the main issue was whether or not the interference with the applicant’s Art 8 rights was necessary in a democratic society as the court accepted that deportation interfered with the applicant’s private and family life under Art 8.1

In the circumstances, as outlined above, the proposed deportation was not proportionate to the legitimate aim pursued (and it was noted that the court understood why the authorities took a firm stance towards those who contributed to the spread of the social evil of drugs given the devastating effects of drugs), and was not necessary in a democratic society.

A report of the case can be found in the Times Law Report, 3rd February 2010