The Weekly Law Reports
[2010] 3 WLR 182
Court of Appeal
EN (Serbia)
v
Secretary of State for the Home Department
KC (South Africa)
v
Same
[2009] EWCA Civ 630
2009 March 16,
17,
18;
June 26
June 26
Laws, Hooper, Stanley Burnton LJJ
Immigration— Asylum— Deportation— Statutory presumptions that person convicted of particularly serious crime and constituting danger to community where sentence exceeding two years’ imprisonment or offence specified by Home Secretary— Home Secretary making statutory instrument specifying certain offences irrespective of sentence imposed— First claimant sentenced to 12 months’ detention on conviction for specified offences— Second claimant sentenced to three years’ imprisonment for malicious wounding— Home Secretary making deportation orders— Whether statutory presumptions rebuttable— Whether statutory instrument ultra vires— Whether claimants committing “particularly serious crimes” rendering them “danger to the community”—
Nationality, Immigration and Asylum Act 2002 (c 41), s 72 (as amended by Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), ss 26(7), Sch 2, paras 16, 17, Immigration, Asylum and Nationality Act 2006 (c 13), s 14, Sch 1, paras 1, 2 and UK Borders Act 2007 (c 30) s 39)[1]
— Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes ) Order 2004 (SI 2004/1910)—
Council Directive 2004/83/EC, art 14(4)[2]
—
Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 33(2)[3]
Immigration— Asylum— Deportation— Home Secretary making deportation order— Sufficiency of protection available on return— Whether tribunal on appeal applying correct test—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3[4]