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Johnson (deportation – 4 years imprisonment : Sierra Leone) [2016] UKUT 282 (IAC)


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When a foreign offender has been convicted of an offence for which he has been sentenced to imprisonment of at least 4 years and has successfully appealed on human rights grounds, this does not prevent the Secretary of State from relying on the conviction for the purposes of paragraph 398(a) of the Immigration Rules and s.117C of the 2002 Act if and when he re-offends even if the later offence results in less than 4 years imprisonment or, indeed, less than 12 months imprisonment.

The Home Office may have a second bite at the cherry.

Source: Johnson (deportation – 4 years imprisonment : Sierra Leone) [2016] UKUT 282 (IAC) (13 May 2016)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.