Scottish Human Rights Law Group

This was an appeal against the deportation of an Iranian national whose application for asylum was refused and whose appeal rights were exhausted by 17 March 2005.  He was subsequently convicted of grievous bodily harm.  He wished to make a subsequent claim for humanitarian protection, however, the Secretary of State maintained that he was excluded from humanitarian protection due to his conviction for a “serious crime”.   A further issue to be considered was whether the Secretary of State’s decision to grant the claimant only six months discretionary leave to remain is a disproportionate interference in his private life under Article 8 of the ECHR.

The court held that the decision on the deportation appeal did not involve a decision on the immigrant’s status and therefore the subsequent refusal of humanitarian protection by the Secretary of State for the Home Department was not unlawful for inconsistency and that there was not a disproportionate interference with his Article 8 rights.

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