FN (Burundi) v Secretary of State for the Home Department
[2023] EWCA Civ 1350
William Gadinala v Secretary of State for the Home Department
15 November 2024
[2024] EWCA Civ 1410
Court of Appeal
A man was ordered to leave the UK because of a serious crime he committed years ago, even though he has a family here. The court decided the seriousness of his past crime was more important than his family life now, clarifying the rules about when someone can stay despite having a criminal record.
Key Facts
- •William Gadinala, a Zimbabwean national, appeals a decision ordering his deportation from the UK.
- •Gadinala was sentenced to 12 years (8 years custody, 4 years extension) for aggravated burglary in 2013.
- •He has a partner and two children in the UK.
- •The appeal focuses on whether "very compelling circumstances" exist to prevent deportation under s 117C(6) of the Nationality, Immigration and Asylum Act 2002, given his sentence exceeding four years.
- •Exception 2 of s 117C(5) applies as deportation would be unduly harsh on his family.
- •The Upper Tribunal (UT) dismissed Gadinala's appeal, finding the seriousness of his crime outweighed family considerations.
- •The Court of Appeal considers whether the UT correctly assessed the seriousness of the offense and the proportionality of deportation.
Legal Principles
In deportation cases involving foreign criminals sentenced to at least four years imprisonment, the public interest requires deportation unless "very compelling circumstances" outweigh it (above and beyond Exceptions 1 and 2 in s 117C).
Nationality, Immigration and Asylum Act 2002, s 117C(6)
The seriousness of an offense is a key factor in the "very compelling circumstances" test; the more serious the offense, the greater the public interest in deportation.
Nationality, Immigration and Asylum Act 2002, s 117C(2); HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22
When assessing the seriousness of an offense, the court should consider the sentence, but can also look at the circumstances of the offense, avoiding double-counting factors already reflected in the sentence. A guilty plea's impact on sentencing should be considered.
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22; Sanambar v Secretary of State for the Home Department [2021] UKSC 30
The public interest in deporting foreign criminals includes averting re-offending, deterring crime, and maintaining public confidence.
Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492
Appeal courts should be slow to infer that a tribunal didn't consider a point not explicitly mentioned and should defer to the tribunal's expertise unless there's a misdirection of law.
Yalcin v Secretary of State for the Home Department [2024] EWCA Civ 74
Outcomes
The Court of Appeal dismissed Gadinala's appeal.
The Court found that the Upper Tribunal Judge correctly assessed the seriousness of Gadinala's crime, considering factors beyond the sentence length while accounting for the guilty plea. The UT's balancing of the public interest in deportation against Gadinala's private and family life was deemed adequate and proportionate.
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