View source for R (MJ (Angola)) v SSHD (2010) EWCA Civ 557

''(1) The MHA regime and the Immigration Act 1971 run in parallel in relation to a person who is both an immigrant and mentally ill, so the SSHD was entitled to decide to deport MJ notwithstanding that he was still subject to s37/41. (2) There is no express statutory limitation on the SSJ's power to discharge under the MHA; it can be used in order to facilitate deportation; the protection for the patient is that the power must be exercised rationally and without breaching his Convention rights. (3) For a settled migrant who has lawfully spent all or most of his childhood in the host country, especially where he committed the relevant offences as a juvenile, very serious reasons are required to justify expulsion; the AIT had not appreciated that very serious reasons were needed so the appeal was granted.''

==Related cases==
[[R (X) v SSHD (2000) EWCA Civ 3026]]

==Notes==
The judgment sets out in some detail the approach taken to the deportation of detained psychiatric patients.

==ICLR==
{{ICLR|R (MJ (Angola)) v SSHD (2010) EWCA Civ 557}}

==External links==
{{#bailii: [2010] EWCA Civ 557}}

[http://www.lawreports.co.uk/WLRD/2010/CACiv/R(MJ(Angola))_v_SSHD.html Summary on ICLR website]


[[Category:Repatriation cases]]
[[Category:Detailed summary]]
[[Category:Transcript]]
[[Category:2010 cases]]