(Court of Appeal; Laws, Smith and Hooper LJJ; 25 March 2009)
The Turkish mother was sentenced to 8 years for grievous bodily harm with intent, and was recommended for deportation. The child was initially placed in foster care, but subsequently the father was granted a residence order, then, while the mother was in prison, the mother obtained a contact order. The mother appealed the deportation order, and an adjudicator agreed that deportation would constitute a disproportionate interference with family life of the mother and daughter. After her release from prison the mother obtained increased contact with the child, including staying contact, and, ultimately, obtained a shared residence order. When the tribunal considered the Secretary of State's appeal, it concluded that the mother's deportation would be disproportionate, and a violation of rights under Art 8 of the European Convention on Human Rights. The Secretary of State appealed, arguing that the tribunal had failed to give sufficient weight to her policy of deporting non-British nationals convicted of serious crimes.
Dismissing the Secretary of State's appeal, the court observed that, given the many references in the judgment to the relevant authorities, it was impossible to suppose that the tribunal had not been well aware of the Secretary of State's policy on deporting serious criminals, even though it had not expressly given that policy a stated weight.