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Stephen Knafler QC and Alex Grigg win deportation appeal in the Court of Appeal

Friday 4 May 2012

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Stephen Knafler QC and Alex Grigg win deportation appeal in the Court of Appeal, in the case of Deron Peart v Secretary of State for the Home Department [2012] EWCA Civ 568.

Although the appellant had a conviction for robbery and dealing in class A drugs, the Court of Appeal decided that the immigration judge had failed to properly consider the appellant's child's best interests, failed to consider the best interests of all family members cumulatively and in the round and had failed to give the appellant credit for evidence of positive change. In relation to the child's best interests, Lord Justice Moore-Bick said "Paragraph 79 of the decision gives the clear impression that DIJ Woodcraft was far from persuaded that the Appellant had as close an attachment to Ashton as he professed, but, in order to do justice to Ashton's position, he ought to have made careful findings about that and should have considered how the relationship might develop in the future if the appellant were allowed to remain in this country".

Stephen Knafler QC and Alex Grigg are both barristers at Garden Court Chambers.

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