Deportation from Jersey
The local position
There has been a local case disputing whether it is legal to deport someone under the law. The case concerned a member of the Portuguese community who had been convicted of a number of offences of theft.
The case was tested at the European Court of Justice which declared that even though the Treaty of Rome requires that citizens of all member states should be treated the same, Jersey has the power to deport non-UK citizens provided there are strong enough grounds.
The Jersey authorities will advise the UK that a deportation order has been made in Jersey; the UK authorities will decide whether to extend that Jersey deportation order to the UK or not.
There are two forms of ordering a person to leave the Island:
- as a condition of a binding over order and
- a deportation order