Human rights—Right to respect for private and family life—Deportation

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