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R. (on the application of Schmelz) v Immigration Appeal Tribunal

DATE: 15 Jul 2003

S, a German national, sought judicial review of an Immigration Appeal Tribunal determination refusing permission to appeal against an adjudicator’s decision. The adjudicator had dismissed S’s appeal against a deportation order. S had been convicted of conspiracy to rob for which he had served a lengthy term of imprisonment before his release on licence in 2002. At his trial, it had been held that S was the mastermind, but a probation officer’s report stated that the risk of re offending was low. S submitted that the adjudicator had failed to carry out the necessary balancing exercise and had simply focused on the seriousness of the offence. S contended that the deportation decision was disproportionate to the offence as no violence had been used.

Held, refusing the application for judicial review, that the adjudicator had carried out a balancing exercise.