Secretary of State for the Home Department v AJ (Zimbabwe); Secretary of State for the Home Department v VH (Vietnam)

Immigration – Deportation. The Court of Appeal, Civil Division, allowed appeals by the Secretary of State in circumstances where her deportation orders regarding foreign criminals had been successfully appealed by the respondents where they had been imprisoned for between 12 months and 4 years. The court held that the observations made in cases where the sentence had been over 4 years, that the mere fact that there would be a detrimental effect on the best interests of the children where the parent was deported in circumstances where the children could not follow him did not by itself constitute an exceptional circumstance, applied equally where shorter sentences were imposed and the foreign criminal did not fall within the specific exceptions in rr 399 and 399A of the Immigration Rules.

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