Regina (MJ (Angola)) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2010 in appeals, deportation, law reports, mental health, young offenders by sally

Regina (MJ (Angola)) v Secretary of State for the Home Department [2010] EWCA Civ 557; [2010] WLR (D) 132

“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”

WLR Daily, 21st May 2010


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