Our client, an EEA national, came to the UK with his family less than 5 years ago. He was diagnosed with mental health conditions, as a result of which he committed the robbery whilst his mental health was unstable. Our client spent some time in custody which was a difficult experience for him. When he was released, he engaged well with the Probation service and drug agency (since he also had a history of substance abuse). Moreover, he took support from his Church and family to improve and stabilize his mental health.
However, the Home Office decided to deport our client relying on the public policy grounds (Regulation 23 (6) and 27 (5) 2016 regulations).
The public policy and public security requirements of the United Kingdom include restricting rights otherwise conferred by these Regulations in order to protect the fundamental interests of society, and where a relevant decision is taken on grounds of public policy or public security it must also be taken in accordance with the following principles—
(a) the decision must comply with the principle of proportionality;
(b) the decision must be based exclusively on the personal conduct of the person concerned;
(c) the personal conduct of the person must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, taking into account past conduct of the person and that the threat does not need to be imminent;
(d) matters isolated from the particulars of the case or which relate to considerations of general prevention do not justify the decision;
(e) a person’s previous criminal convictions do not in themselves justify the decision;
(f) the decision may be taken on preventative grounds, even in the absence of a previous criminal conviction, provided the grounds are specific to the person.
Sterling Law successfully represented interests of the client in the Appeal. Notwithstanding the facts of poor representation of our client by his previous lawyer and numerous detentions since November 2018, Sterling Law managed to achieve a positive result in this case.
The Judge allowed the appeal noting that
- removal of our client would be disproportionate and would cause potential for relapse;
- there is a low risk of re-offending;
- our client does NOT represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
If you or your family member has been detained or is facing deportation, contact us for professional legal advice:
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