Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Judicial Review of a decision by the Upper Tribunal (Immigration and Asylum Chamber) to refuse to grant the Petitioner Permission to Appeal
[1] The petitioner is a Chinese national who arrived illegally in the United Kingdom in 2006. He was later convicted of being concerned in the supply of cannabis, money laundering offences and possession of false identity documents, with intent. He was sentenced to eight years' imprisonment and recommended for deportation. A further sentence of 25 months' imprisonment was imposed for failure to make payment of a little over �125,000 as required in terms of a confiscation order.
[2] In the foregoing circumstances, the petitioner is a "foreign criminal" within the meaning of section 32 of the UK Borders Act 2007. Section 32(5) requires the SSHD to make a deportation order in respect of a foreign criminal, subject to section 33. Section 33 provides, among other things, that section 32(5) does not apply where removal of the foreign criminal in pursuance of the deportation order would breach a person's convention rights.
[4] The petitioner sought to resist removal on article 8 grounds. The FTT was asked to find that the petitioner had "a powerful family life with his wife and children", about whom I shall say more later in this opinion, and that "the extent of that was sufficient to outweigh the right of the state to deport him, as a foreign criminal". (Petition, as adjusted, statement 8)
[5] The rejection of the petitioner's appeal to the FTT was promulgated on 24 December 2012, following a hearing in which oral and documentary evidence was led on behalf of the petitioner, and documentary evidence was led on behalf of the SSHD. During that hearing, it was submitted on the petitioner's behalf that, since 2006 and despite his imprisonment, he had had a family life with HJC (his now wife) and with their sons, LZY, who was born on 17th July 2006, and AZY, who was born on 21 April 2008. In its determination, the FTT rejected that submission for the following reasons:
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.