Scottish Human Rights Law Group

The petitioner arrived in the UK in 2000 and was granted asylum. In 2002, he is arrested, but granted Temporary Admission and released from custody subject to reporting conditions which he breaches. In 2004, he is convicted of robbery and sentenced to four years imprisonment.

Held that deportation cases did not call for a materially different approach from that required in ordinary removal cases,

Held that in deportation cases on grounds of criminal offending, a balance had to be struck under the European Convention on Human Rights 1950 art.8 with a proper appreciation of the special situation of those who had been in the host country since childhood.

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 ECHR decided that deporting a sex offender who had indefinite leave to remain in UK and had lived in UK for 26 years was a breach of Art 8. The deportation was an interference with the applicant’s private and family life and was not proportionate.
See Times Law Report December 15 2009
Maria Clarke