AMG Global Nominees (Private) Ltd v SMM Holdings Ltd and another
| Jurisdiction | England & Wales |
| Judge | Lord Justice Jackson |
| Judgment Date | 24 October 2008 |
| Neutral Citation | [2008] EWCA Civ 1262 |
| Date | 24 October 2008 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: C5/2008/1622 |
[2008] EWCA Civ 1262
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Jackson
Case No: C5/2008/1622
[AIT No: IA/03120/2007]
Mr U Cooray (instructed by Thompsons) appeared on behalf of the Appellant.
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
This is a renewed application for permission to appeal to the Court of Appeal. The facts giving rise to this application are as follows. The appellant is a Jamaican national who entered the United Kingdom as a visitor in November 2002 and subsequently obtained leave to remain until 31 May 2006. Despite that good fortune the appellant did not lead a law-abiding life in the United Kingdom. On 9 December 2005 at the Guildford Crown Court the appellant pleaded guilty to four counts of supplying a Class A drug, namely cocaine, and breach of a suspended sentence in respect of an earlier drink-driving offence. The appellant was sentenced to 33 months and 12 weeks' imprisonment.
On 12 June 2006 the Secretary of State for the Home Department decided that the appellant should be deported to Jamaica, having regard to his conviction for serious offences. The deportation decision is explained, and the reasons for that decision are set out, in a letter from the Secretary of State to the appellant, who was then in prison, dated 12 June 2006. The appellant appealed to the Asylum and Immigration Tribunal (“AIT”). On 10 August 2007 Immigration Judge Bart-Stewart, sitting with Mr DC Walker, heard the appellant's appeal and dismissed it. The appellant applied for reconsideration of Immigration Judge Bart-Stewart's decision, and such reconsideration was ordered, on the basis that the Immigration Judge had given inadequate consideration to the appellant's human rights claim under Article 8.
The reconsideration hearing duly took place on 14 May 2008 before Immigration Judge Denson, sitting with Ms Endersby. At that hearing the Immigration Judge heard oral evidence. The appellant's claim was based upon his family life in the United Kingdom with two sons and various other relatives. At the hearing, evidence was given by the appellant and by other family members including his sister and his cousin. Immigration Judge Denson concluded that the appellant had family life in the United Kingdom with one son, namely R. He held that it was not established that the other boy referred to in evidence, G, was the appellant's son. Immigration Judge Denson also held that the appellant did not have any family life with his other relatives in the United Kingdom. Immigration Judge Denson held that removal of the appellant to Jamaica would not be disproportionate. The appellant's son R, said the judge, is a Jamaican national, therefore R can go to Jamaica with the appellant and there will be no disruption of family life between father and son.
The appellant sought to appeal to the Court of Appeal. Permission for the proposed appeal to the Court of Appeal was refused by Sir Henry Brooke on 11 August 2008. The grounds of appeal are threefold. The principle ground of appeal relied upon is that Immigration Judge Denson erred in concluding that only R was the appellant's son. The judge ought to have held that G, another boy, was also the appellant's son. Secondly, the judge erred in failing to find that there was family life with the appellant's sister and cousin. And thirdly, the judge erred in his approach to proportionality and failed properly to apply the recent decision of the House of Lords in Beoku-Betts v Secretary of State for the Home Department[2008] UKHL 39.
I put those three grounds of appeal not in the order that they...
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