Appellant living in the UK since the age of 9 can still be deported for bad character

Sanambar (Appellant) v Secretary of State for the Home Department (Respondent) - [2021] UKSC 30 On appeal from: [2017] EWCA Civ 1284. 

This appeal concerns the effect of the European Convention on Human Rights on decisions to deport foreign nationals who lawfully settled in the UK as children and were subsequently convicted of serious criminal offences. The appellant is a national of Iran. He was born in 1995. He arrived in the UK with his mother in 2005, having been given indefinite leave to remain. He has had a difficult upbringing due to his father’s violent conduct, but he has a particularly strong bond with his mother, with whom he has lived all his life. He has no family ties with Iran, although he speaks Farsi with his mother. The Appellant committed several serious offences and was sentenced to three years’ detention in a Young Offender Institution. The respondent Secretary of State decided that the appellant’s deportation would be conducive to the public good and would not be in breach of his Article 8 right to respect for his private and family life. She made a deportation order against him. The appellant appealed against that decision. Following a rehearing before the Upper Tribunal his appeal was dismissed. The Upper Tribunal held that the appellant had not met the threshold under the Immigration Rules (the “Rules”) for resisting his removal, essentially because he had failed to show that there were very significant obstacles to his integration in Iran. A further appeal by the appellant to the Court of Appeal was dismissed. The Supreme Court unanimously dismisses the appeal and confirmed that the Upper Tribunal correctly approached the balancing exercise required by Article 8. It was entitled to conclude that the interference with the appellant’s private and family life was outweighed by the public interest in the prevention of crime.