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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> LT (Kosovo) & Anor v The Secretary of State for the Home Department  EWCA Civ 1246 (28 June 2016)
Cite as:  EWCA Civ 1246
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LEWISON
LORD JUSTICE TOMLINSON
| (1) LT (KOSOVO)
(2) DC (JAMAICA)
- and –
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
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Deborah Revill (instructed by Paul Fallon & Co) appeared on behalf of the Applicant DC
Marcus Pilgerstorfer (instructed by GLD) appeared on behalf of the Respondent
Crown Copyright ©
LORD JUSTICE LAWS:
"Where a person claims that their deportation would be contrary to the UK's obligations under Article 8 of the Human Rights Convention; and
(c) the deportation of the person from the UK is conducive to the public good and in the public interest because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a disregard for the law,
the Secretary of State in assessing that claim will consider whether paragraph 399 or 399A applies and, if it does not, the public interest in deportation will only be outweighed by other factors…"
"Where paragraph 398 applies the Secretary of State will consider whether paragraph 399 or 399A applies and, if it does not, it will only be in exceptional circumstances that the public interest in maintaining the deportation order will be outweighed by other factors."
"It appears to us that the Tribunal [the FTT] has unjustifiably in this case belittled the nature and gravity of the offence committed. The supply of class A drugs, whether it is cocaine, heroin or other class A drugs, is a very serious matter indeed whether or not the supply is of a very substantial quantity or whether, as in this case, it is a lesser supply. The effect on those who are using drugs is serious. The harm caused by the supply of drugs, even in the quantities indicated in this case, is serious. Those facts are really too well known to need recitation at length. Therefore we come to the conclusion that the approach in law to the gravity of the offence and to the serious consequences for those to whom drugs, even in small quantities, are supplied is not supportable. The only conclusion open to the Tribunal in the circumstances of this case was that the offending fell within 398(c) of the rules. The rules then required exceptional circumstances."
"There is no dispute that the appellant has a conviction for the supply of drugs. That must be a matter allowing the respondent to conclude that the offending has caused serious harm. Where that is so, it was my judgment that the appellant must come within the provisions of paragraph 398(c). The panel did not carry out the correct exercise but there could only have been one outcome where the appellant has been convicted of the supply of drugs, and that is so even before his other offences are taken into account."
"It is considered that paragraph 398(c) applies in your client's case because he has been convicted under the Misuse of Drugs Act 1971 and it is considered that his offending has caused serious harm to the public and his deportation is conducive to the public good."
"It is considered that paragraph 398(c) applies in your client's case as he was convicted of a drugs offence, namely supplying a Class A drug. It is the view of the Home Secretary that all drugs offences are, by their nature, serious offences."
"17. … It is impossible to say that the supply of about, at most a gram of cocaine has caused serious harm. It is also not possible to see the appellant, who committed an offence of simple possession, and two others of offences of stealing from meters as a persistent offender who has shown a particular disregard for the law. It follows that we conclude that the respondent was wrong to rely on paragraph 398(c).
18. The fact that we have concluded the deportation here is not conducive to the public good is the end of the matter. So that means that the appellant is not liable to deportation,"
They then proceed to consider what would be the position if they were wrong about that.
"There is no evidence placed before us to demonstrate that there is anything more than the normal emotional ties between adult family members. There is not a relationship of dependency. There is clearly a relationship of love and familial bond, but that is not unusual. The evidence placed before us demonstrates that the appellant's mother and brother are able to travel to Jamaica, where it is likely that the appellant will be in the future (they did so in January 2009). The evidence before us shows that the appellant has contributed little to the welfare and upkeep of either his mother or his brother. Although family life exists, it does not go beyond the usual emotional ties."
"We remind ourselves that in the 21st century it is far from unusual for siblings and adult children to travel to other countries and to other continents to pursue their future and that they are able to maintain contact with their family members. The appellant's deportation will not create an interference with family life between adult family members."
LORD JUSTICE LEWISON:
LORD JUSTICE TOMLINSON:
Order: Applications refused