R v Secretary of State for the Home Department, ex parte Al-Sabah (Sheikh Mohammed Nasser)

JurisdictionEngland & Wales
Judgment Date27 January 1992
Date27 January 1992
CourtCourt of Appeal (Civil Division)

Court of Appeal

Regina
and
Secretary of State for the Home Department, Ex parte Al-Sabah (Sheikh Mohammed Nasser)

Immigration - deportation - non-EC national

Jurisdiction to deport non-EC national

The Home Secretary was entitled, under the Statement of Changes in Immigration Rules [1989] (HC 388), to order the deportation of a non-EC national on the basis of his conviction by the crown court.

The Court of Appeal (Lord Justice Purchas, Lord Justice Ralph Gibson and Lord Justice Taylor) so held in a reserved judgment on December 20 dismissing the appellant's appeal from the refusal by Mr Justice Brooke on May 21 of his application for judicial review of the decision of the Immigration Appeal Tribunal upholding the Home Secretary's decision to deport following the appellant's conviction at the Central Criminal Court on February 1, 1989, for three drug related offences and one of corruption for which he was sentenced to a total of two years imprisonment.

LORD JUSTICE TAYLOR said that paragraph 162 of the 1989 Rules was subject to the distinctions between EC and non-EC nationals flowing from Community law with its...

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7 cases
  • The Queen v Secretary of State for the Home Department ex parte Islam Bibi and Dilshad Begum
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 26 May 1994
    ...control and has been since they joined the EEC. In support of that submission he took me to Al-Sabah v. Immigration Appeal Tribunal [1992] Imm AR 223 where it was held: "The immigration rules specifically contemplated the application of different criteria to EEC and non-EEC nationals when d......
  • R v Secretary of state for the home department ex parte Islam Bibi and Dilshad Begum
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 26 May 1994
    ...Imm AR 385. R v Immigration Appeal Tribunal ex parte Chhinderpal Singh and anr [1989] Imm AR 69. Al-Sabah v Immigration Appeal Tribunal [1992] Imm AR 223. R v Immigration Appeal Tribunal ex parte Secretary of State for the Home Department [1992] Imm AR 554. Chief Adjudication Officer v Fost......
  • B v Secretary of State for the Home Department (DEPORTATION: PROPORTIONALITY)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 May 2000
    ...referred to in the judgments: R v BouchereauELRUNK [1978] QB 732: [1981] 2 All ER 924. Sheikh Al-Sabah v Immigration Appeal Tribunal [1992] Imm AR 223. Olavo Marchon v Immigration Appeal Tribunal [1993] Imm AR 384. Niemetz v GermanyHRC [1993] 16 EHRR 97. Elliniki Radiophonia Tileorassi AE v......
  • ICI Plc v Colmer (Inspector of Taxes) (No 2)
    • United Kingdom
    • House of Lords
    • 18 November 1999
    ... ... Treaty precludes legislation of a member state which, in the case of companies established in ... v. Secretary of State for Transport, Ex parte Factortame Ltd ... ...
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