EN (Serbia) v Secretary of State for the Home Department

Subject Matter

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, Sch 1, Pt I, art 3

[2010] QB 633; [2010] 3 WLR 182

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, s 72 (as amended by Asylum and Immigration (Treatment of Claimants, etc) Act 2004, ss 26(7), Sch 2, paras 16, 17, Immigration, Asylum and Nationality Act 2006, s 14, Sch 1, paras 1, 2 and UK Borders Act 2007, s 39) — Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 — Council Directive 2004/83/EC, art 14(4) — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 33(2)

[2010] QB 633; [2010] 3 WLR 182