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IA046702006 (unreported)
Factual and Procedural Background
The Appellant sought and was granted an order for reconsideration of the determination by Immigration Judge Levin and Dr J O de Barros dismissing his appeal against the Secretary of State's decision to make a deportation order against him. The deportation order arose from the Appellant's convictions, including aggravated burglary in 2002 and dangerous driving with associated motoring offences in 2005, both at Manchester Crown Court. The Secretary of State deemed deportation conducive to the public good, considering the seriousness of the offences and balancing these against the Appellant's personal circumstances and human rights under Article 8 of the European Convention on Human Rights.
The Tribunal below heard oral evidence from the Appellant and six family members, and reviewed a substantial bundle of documents including witness statements, criminal records, sentencing remarks, probation reports, and prison records. The Appellant was born in Bangladesh and arrived in the UK as a child, residing there since approximately age 7 or 8. He admitted to a history of offending but asserted rehabilitation and strong family ties in the UK. The Tribunal considered the factors set out in paragraph 364 of the Immigration Rules, balancing public interest against compassionate circumstances in their decision.
Legal Issues Presented
- Whether the Secretary of State's decision to make a deportation order was properly grounded in the Appellant’s criminal convictions and public interest considerations.
- Whether the Tribunal erred in law by considering the Appellant’s previous convictions not explicitly cited by the Secretary of State.
- Whether any procedural unfairness occurred due to alleged failure by the Secretary of State to forewarn the Appellant or follow procedural steps before issuing the deportation order.
- Whether the Tribunal properly assessed the risk of re-offending and the seriousness of the offences, including reliance on various probation reports.
- Whether the Tribunal erred in its application of Article 8 ECHR rights, particularly regarding family and private life and the feasibility of relocation to Bangladesh.
Arguments of the Parties
Appellant's Arguments
- Challenge to the clarity of which criminal conviction triggered the deportation decision, noting inconsistencies between the decision and reasons for deportation letter.
- Objection to the Tribunal considering previous convictions not cited by the Secretary of State, arguing this was beyond the Tribunal’s remit.
- Allegation that the Secretary of State failed to follow procedural steps, including issuing a questionnaire inviting representations against deportation.
- Contention that the Tribunal erred in assessing the seriousness of the aggravated burglary offence, failing to fully consider mitigating factors such as the sentencing judge’s remarks and lack of violent previous convictions.
- Assertion that the Tribunal over-relied on one probation report and failed to properly consider a more favorable risk assessment report.
- Argued that the Tribunal misapprehended the Appellant’s family circumstances in Bangladesh and failed to consider the reasonableness of family members relocating there.
Respondent's Arguments
- Submission that it was not necessary to specify which conviction triggered deportation, as either serious offence was sufficient.
- Argument that the Tribunal was entitled to consider all relevant convictions in assessing deportation under paragraph 364 of the Immigration Rules.
- Position that any procedural failure did not prejudice the Appellant as he had full opportunity to present reasons against deportation at appeal.
- Submission that the Tribunal properly considered sentencing remarks and risk assessments, and that findings on risk of re-offending were supported by evidence.
- Assertion that the Tribunal correctly applied Article 8 balancing, noting no insurmountable obstacles to relocation and no truly exceptional circumstances to prevent deportation.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court carefully examined the factual matrix and procedural history, applying paragraph 364 of the Immigration Rules as the framework for balancing public interest against compassionate circumstances. It accepted the Tribunal’s factual findings regarding the Appellant’s age, length of residence, family connections in the UK and Bangladesh, and criminal history.
The court found no material error in the Tribunal’s assessment that either of the two serious convictions was sufficient to trigger deportation, dismissing the argument that lack of clarity in the Secretary of State’s reasons constituted an error. It endorsed the Tribunal’s view that consideration of the Appellant’s full criminal record was appropriate and within its remit under the Rules, even if not all convictions were explicitly cited by the Secretary of State.
Regarding procedural fairness, the court agreed that any procedural misstep by the Secretary of State did not prejudice the Appellant, who had ample opportunity to present his case at appeal.
The court rejected the contention that the Tribunal over-relied on particular probation reports or failed to consider sentencing remarks, affirming that the Tribunal’s evaluation of risk of re-offending was supported by the evidence before it.
On Article 8, the court found the Tribunal’s conclusion that the Appellant’s removal would interfere with his private and family life but was justified and proportionate to the public interest was sound. The Tribunal’s findings about the feasibility of the Appellant living in Bangladesh and the absence of truly exceptional circumstances were upheld. The court found no legal error in the Tribunal’s approach or conclusions.
Holding and Implications
The court UPHELD the Tribunal’s decision dismissing the Appellant’s appeal against the deportation order.
The direct effect is that the deportation order remains in force and the Appellant must leave the United Kingdom. No new precedent was established by this decision. The ruling confirms the Tribunal’s broad discretion to consider all relevant convictions and to balance public interest and compassionate factors under paragraph 364 of the Immigration Rules. It also affirms that procedural irregularities that do not cause prejudice will not invalidate decisions of this nature.
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