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August 30, 2013
Islam has successfully defended and won an appeal against the government's deportation order of Mr Lacelles White in the case of Lacelles White -v- Secretary of State for Home Department at Newport Crown Court.
Mr White had 36 six criminal offences against him with the most recent conviction of 7 years imprisonment for supply of (class A) drugs to which he pleaded guilty. Before his licence expires the SSHD engaged its power to deport Mr White.
The SSHD engaged its power to deport Mr White back to Jamaica and this was subject to an appeal on the grounds of family and private life including Article 3 (degrading treatment) of the European Convention of Human Rights.
Islam successfully argued that by deporting Mr White, the SSHD was disadvantaging at least 8 people who were family members in the UK and all UK nationals.
Most importantly, that the threshold of exceptionality and or proportionality would be crossed by the Tribunal where such deportation would have significant and powerful impact on the children and the parents of his wife.
Although, it was appreciated that the offences were severely serious, the impact on the family unit, the mental health of Mr White and the fact that he is now a trusted member of society - there was no real risk in the future that he would harm society at large but if he was deported, his children who were facing difficulty without their father it would potentially lead them to go astray and disturb society.
Punishing one would create another two - that was severely disproportionate to the legitimate aim.
The appeal was allowed on all grounds.
Instructing solicitors were A&A solicitors LLP at Edgware.