A Colombian national, who was convicted of a series of criminal offences, won a deportation appeal (case EWCA Civ 1104).
Mr Garzon moved to the UK in 1978 when he was 11 years old. He was convicted of a series of criminal offences between 1987 and 2010. His longest sentence was 45 month imprisonment for Grievous Bodily Harm with intent to cause harm. In 2010, the Secretary of State issued Mr Garzon with a deportation order, which he appealed to Immigration Asylum Chambers. Mr Garzon’s grounds of appeal was based on the fact that he has completed his rehabilitation after the conviction in 2010 and had strong family ties and high level of integration with family members in the UK. His lengthy of residency in the UK was for 40 years, during which he had established his private and family life. After three days of hearing, the First-tier Tribunal allowed his appeal. Despite, the Secretary of State appeal against the FFT decision to the Upper Tribunal and subsequently to the Court of Appeal, the decision of the First Tier Tribunal was upheld.
Earlier this year another immigrant Mr Mwesezi, was convicted of number of offences and was issued a deportation order. He appealed the decision but subsequently he lost the case at the Court of Appeal (case EWCA Civ 1104). The court’s decision was mainly based on the fact that Mr Mwesezi’s offences were of serious nature and he would not face very significant obstacles to his integration if deported to his country of origin.
It is emphasised that most of immigration/deportation cases are fact-specific. What seems to distinguish cases is the ability of the First-tier Tribunal to construct a well-reasoned determination and carefully consider all factors such as length of residency, nature of offence, family life in the UK, significant obstacles on the return, risk of reoffending, the completion of rehabilitation and others.