An Asylum and Immigration Tribunal had made material errors of law in holding that exceptional circumstances were required before deportation could be ordered for a failed asylum seeker who had pleaded guilty to two sexual offences and had been sentenced to a two-year conditional discharge with a recommendation for deportation.
CONDITIONAL DISCHARGE DEPORTATION DEPORTATION OF FAILED ASYLUM SEEKER CONVICTED OF SEXUAL OFFENCES ERROR OF LAW FAILED ASYLUM SEEKERS IMMIGRATION IMMIGRATION ACT 1971 s.5(1) NEED FOR EXCEPTIONAL CIRCUMSTANCES RECOMMENDATIONS s.14 s.2(3) s.3(5) s.3(6) s.5 s.6 SENTENCING
A judge had been entitled to recommend the deportation of an offender despite a failure to provide notice as required by the Immigration Act 1971 s.6(2), since the offender and his counsel had been aware of the issue and had made submissions at the relevant time.
ASSAULT BY PENETRATION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS FAILURE TO GIVE NOTICE IMMIGRATION ACT 1971 s.6(2) NOTICE RECOMMENDATIONS FOR DEPORTATION s.2(5) s.3(5) s.3(6) s.6 SENTENCING VALIDITY OF RECOMMENDATION