A Chinese criminal who tied up and robbed two women in their own home can be deported, even though he has children who were born in this country, one of the most senior judges in England and Wales has ruled.
The ruling made Lord Justice Moore-Bick, vice-president of the civil section of the Court of Appeal, sets a precedent for foreign criminals who hope to remain in the UK based upon the fact they have a UK-born Child.
It had been argued by the criminal’s defence team that deporting him would be a disproportionate interference with his children’s “right to private and family life” under Article 8 of the European Convention on Human Rights (ECHR).
Speaking during the hearing Lord Justice Moore-Bick said the public interest in deporting the Chinese man outweighed the human rights of the his children and that depriving British-born children of contact with their father, did not amount to “exceptional circumstances”.
Lord Justice Moore-Bick said the man’s two children lived with the Chinese criminal’s partner and did not have to leave Britain with him.
“If [he] is deported, it will be for him and his partner to decide whether it is in the children’s best interests to remain here with her or move to China as part of a united family,” said Lord Justice Moore-Bick.
“This case turned largely on the balance struck between two competing interests: the public interest in the deportation of the [man] and the children’s interests in remaining here with both parents.”
He concluded: “Neither the fact that [his] children enjoy British nationality nor the fact that they may be separated from their father for a long time will be sufficient to constitute exceptional circumstances of a kind which outweigh the public interest in his deportation.”
This decision comes after the Coalition Government tightened up the rules on Article 8 of ECHR and follows on from Chris Grayling, the Justice Secretary’s, announcement on how the Conservative majority government will ensure the British courts have the final say on human rights cases.