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R. (on the application of N) v Secretary of State for the Home Department

DATE: 05 Aug 2004

An adjudicator’s decision on a deportation issue had been unduly influenced by
his assessment of the risk that the appellant would reoffend to the exclusion,
or near exclusion, of the other more weighty public interest considerations
characterised by the seriousness of the appellant’s previous offences and he had
therefore failed to correctly balance the public interest against the
compassionate circumstances of the case taking account of all relevant factors
including those provided by the Immigration and Asylum Act 1999 Sch.4 para.21
and specifically referred to the Immigration Rules (HC 395) para.364.