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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> WM (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1008 (27 July 2010) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2010/1008.html Cite as: [2010] EWCA Civ 1008 |
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ON APPEAL FROM THE ASYLUM & IMMIGRATION TRIBUNAL
[AIT No: IA/15797/2008]
Strand, London, WC2A 2LL |
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B e f o r e :
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WM (Afghanistan) |
Appellant |
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- and - |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Crown Copyright ©
Lord Justice Sedley:
"No doubt the decision of the Tribunal was a difficult and finely balanced one, but they approached the matter correctly and I cannot see that they have committed any error of law."
"…the Panel erred in law in finding that the decision to deport was proportionate."
It was in short a perversity challenge and on that footing it was doomed to failure.
"68. Having weighed all these factors into account both for and against the Appellant we have decided that the decision of the Respondent to make a deportation order in this matter was proportionate weighing the Appellant's interests against the requirements of public safety in the prevention of disorder or crime. We realize that our decision will have a severe impact on the Appellant's wife, children and mother-in-law but we found that the Appellant will be able to maintain contact with those persons either through modern methods of communication or more old fashioned letters ... it did not seem to us to be unreasonable to think that it will be possible for the interested parties to meet in a neutral country."
Order: Application granted.