04 June 2010
AT (Pakistan) v Secretary of State for the Home Department; JK (Pakistan) v Secretary of State for the Home Department [2010] EWCA Civ 567, [2010] All ER (D) 233 (May)
The Court of Appeal held: (i) that by virtue of s 59(4)(d) of the UK Borders Act 2007, s 32 of the same Act applied to any person convicted after the passing of the Act and before it came into force, unless the secretary of state by statutory instrument ordered otherwise, which had not been done; and (ii) that automatic deportation under the Act was not a “penalty” for the purposes of Art 7 of the European Convention on Human Rights.
