Practice and Procedure

R V SECRETARY OF STATE FOR THE HOME DEPARTMENT, EX PARTE ALI DINC (1999)

PUBLISHED March 15, 1999
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Where a trial judge had made a recommendation for deportation of a defendant that recommendation was a presumption in favour of deportation. However, the Home Secretary was better placed to take a wider policy-based view on whether the removal could be justified as necessary in the interests of a democratic society. Where the deportation was for an offence then the nature and seriousness of the offence was considered with regard to public interest.

CA (Civ Div) (Stuart-Smith LJ, Henry LJ, Robert Walker LJ)

15/03/1999

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