Litigation Recent Decisions 14/01/97

Deportation and the public interest

Goremsandu v Secretary of State for the Home Department (1996)

Court: CA (Stuart-Smith LJ, Rose LJ and Sir John Balcombe)

Summary: When the Home Secretary is to consider deportation of an offender, a factor which may outweigh the likelihood of the offender not offending again is where the offence is so repugnant to generally accepted standards of morality that it is against

the public interest to allow him to remain in the community.

Appeal against order for deportation by plaintiff who had been convicted of incest against his daughters when they were between the ages of 13 and 16 and had been sentenced to five years imprisonment. It was submitted on the plaintiff's behalf that the Home Secretary could not simply rely on the seriousness of the offence unless the offence was quite exceptional and that in this case the appellant's offences did not fall into this category.