Refugees
138. Where a person is a refugee full account is to be taken of the provisions of the Convention and Protocol relating to the Status of Refugees. Nothing in these rules is to be construed as requiring action contrary to the United Kingdom's obligations under these instruments.
Consideration of the merits
139. In considering whether deportation is the right course on the merits, the public interest will be balanced against any compassionate circumstances of the case. While cach case will be considered in the light of the particular circumstances, the aim is an exercise of the power of deportation that is consistent and fair as between one person and another, although one case will rarely be identical with another in all material respects.
140. Most of the cases in which deportation may be the appropriate counse fall into two main categories. There are, first, those cases which come to notice following a conviction for a criminal offence and in which it is fitting that. because of his conduct, a person should no longer be allowed to remain here; and, second, those cases in which the person is here, or is remaining here, in defiance of the immigration control.
Deportation following a conviction
141. In considering whether to give effect to a recommendation for depor- tation made by a court on conviction the Secretary of State will take into account every relevant factor known to him, including:
age
length of residence in the United Kingdom
strength of connections with the United Kingdom
personal history, including character, conduct and employment record domestic circumstances
the nature of the offence of which the person was convicted
previous criminal record
compassionate circumstances
any representations received on the person's behalı.
In certain circumstances, particularly in the case of young or first offenders, supervised departure, with a prohibition on re-entry, may be arranged as an alternative to the deportation recommended by the court provided that the person is willing to leave the country.
142. Where the court has not recommended deportation there may never- theless be grounds, in the light of all the relevant information and subject to the right of appeal, for deportation, for curtailment of stay or a refusal to extend stay followed, after departure, by a prohibition on re-entry.
Deportation for breach of conditions or unauthorised stay
143. Deportation will normally be the proper course where the person has failed to comply with or has contravened a condition or has remained without authorisation. Full account is to be taken of all the relevant circumstances
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