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R (Schmelz) v Immigration Appeal Tribunal

Judicial Review - Immigration - Deportation - Withdrawal of leave to remain - Public interest

30 January 2004

The claimant (W) appealed against the refusal to grant permission to appeal a determination of an immigration adjudicator. W was a citizen of West Germany and arrived in the UK in 1979. In 1985 he was granted indefinite leave to remain. However, the second respondent (S) indicated his withdrawal of leave to remain because W had been convicted of an offence of conspiring to rob. The conviction arose out of an attempted robbery of a security van in which the trial judge, on W's conviction, found that W was the prime mover. W was sentenced to 12 years' imprisonment and was released on licence in March 2002. S sought to exclude W on the ground that his presence was contrary to the public interests of the country. W's case before the adjudicator was that he no longer posed a danger to the interests of society given that he had served his sentence, had behaved favourably and had received good probationary reports. Further, W stated that he had a relationship and a good work record. The adjud...

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