Remarkable success in a deportation order out of country appeal involving criminality

Sterling and Law Associates are proud to report a unique successful appeal against a Deportation Order issued by the Secretary of State against a New Zealand citizen, who had been convicted of outraging public decency in the UK.

The procedural aspects of the hearing make this case very unusual, especially the fact that the Appellant was in New Zealand at the time of the hearing, “attending” the proceedings via Skype.

The Secretary of State (the Respondent) issued a Deportation Order against a citizen of New Zealand (the Appellant), who had been lawfully present in the UK on a Tier 5 visa but was prosecuted after pleading guilty to acts outraging public decency in the UK. The Appellant had been arrested before the expiry of his visa and served his sentence, after which he was detained. In the meantime, the Respondent issued a Notice of Decision to deport him on the basis of public interest and serious harm caused by the crimes committed. The Appellant successfully challenged the decision of the Respondent, arguing that he in fact had voluntarily departed the UK, and that his crimes did not cause serious harm to the victims or the society.

During the proceedings, the Appellant contended that he voluntarily departed the UK, albeit accompanied by Immigration Officers to the airport, which was illustrated by his purchase of the plane tickets. The Appellant also argued that the Deportation Order would have a very adverse effect on his ability to travel internationally for his work.

The most crucial point of contention in this case, however, was determining whether his crimes constituted serious harm, which would justify the Deportation Order on the grounds of public interest. The Respondent argued that there was indeed serious harm caused, evidenced by persistence of Appellant’s actions.

However, agreeing with the Appellant, the Judge found that the crimes did not in fact amount to serious harm because they did not have any strong physical or emotional effect on victims or the society in general and there was nothing to suggest a high risk of reoffending. Satisfied that the Appellant had not caused serious harm with his crimes, and had left the country voluntarily, the Judge allowed the appeal.

This appeal shows that with expert legal advice, even in cases involving criminality, it is more than possible to successfully challenge decisions of the Secretary of State to issue a Deportation Order, even if the person concerned is as far away from the UK as New Zealand.

For expert advice and assistance in relation to your particular case and relevant immigration law requirements, please contact our immigration lawyers on 020 7822 8535 or via our online appointment booking form.