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29 September 2011
Issue: 7483 / Categories: Case law , Law reports , In Court
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Human rights—Right to respect for private and family life—Deportation

AA v United Kingdom (App No 8000/08), [2011] All ER (D) 112 (Sep)

European Court of Human Rights, Judges Garlicki (president), Bratza, Mijovic, Hirvela, Bianku, Kalaydjieva and Vucinic, 30 Aug 2011

Regardless of the existence or otherwise of a “family life”, the expulsion of a settled migrant constitutes an interference with his right to respect for private life, and will therefore be in breach of Art 8 of the European Convention on Human Rights (the Convention) unless it can be justified under para 2 of Art 8.

The applicant was born in Nigeria in 1986. In 2000, he arrived in the UK and was granted entry clearance to join his mother. In September 2002, when he was aged 15, he was convicted of raping a 13-year-old girl and sentenced to four years in a young offender’s institution, together with registration on the sex offenders’ register. He was released after almost two years of that sentence. In July 2003, he was given indefinite leave to remain in the UK, and

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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