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Deportation Notes

LPC Law Notes > Immigration Notes

This is an extract of our Deportation document, which we sell as part of our Immigration Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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DEPORTATION NOTES When is deportation conducive to public good?
OH (Serbia) [2009] - three important features of the public interest:

1. The risk of re offending by person concerned

2. The need to deter foreign nationals from committing serious crimes by leading them to understand that whether the other circumstances, one consequence for them may well be their deportation

3. The role of deportation as an expression of society's revulsion at serious crimes and in building public confidence in the criminal justice system's treatment of foreign citizens who have committed serious crimes. Automatic deportation - s.32Person liable for automatic deportation may still make an asylum claim. But may still be removed if imprisoned for at least 2 years (exclusions). Foreign criminal an EEA national - may not be deported automatically if it would breach EEA treaties. May only be removed on public policy, security, health grounds Reg(3)(b) I(EEA)Regs 2006.

Family members of deportee S.5(4) IA 1971 - family members can be deported with deportee - spouse, children under 18. No family deportation order can be made once 8 weeks have elapsed since any other family member was deported. Controversial - where no breach committed by family member. Sos will generally not decide to deport where (Para. 365) a) He has qualified for settlement in his own right; or b) Has been living apart from deportee SoS will not normally deport a child where (para. 366) a) He and his mother or father are living apart from the deportee; or b) He has left home and established himself on an independent basis c) He married or formed a CP before deportation came into prospect Para. 389 - family member deported may seek re-admission where: a) Child reaches 18 (deportation order ceases); or b) Marriage or CP (partner) comes to an end.

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