R (on the application of Johnson) v Secretary Of State For The Home Department

Immigration – Deportation. The claimant, a Jamaican national, was granted indefinite leave to remain in the United Kingdom, but was ineligible for British citizenship because of his illegitimacy. He was convicted of manslaughter and sentenced to nine years' imprisonment. The defendant Secretary of State ordered his deportation and certified his human rights claim as clearly unfounded. The claimant sought judicial review. The Administrative Court, in allowing the application, held that the claimant's rights under arts 8 and 14 of the European Convention on Human Rights had been violated, that the legislation could not be read down to comply with those rights and quashed the certification.

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