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Criminal with unmarried parents avoids 'discriminatory' deportation Criminal with unmarried parents avoids 'discriminatory' deportation
(35 minutes later)
A man jailed for manslaughter has won his battle against deportation after judges ruled he was being discriminated against because his parents were unmarried.A man jailed for manslaughter has won his battle against deportation after judges ruled he was being discriminated against because his parents were unmarried.
Born to a Jamaican mother and British father, Eric Johnson, 31, moved to the UK from the Caribbean aged four.Born to a Jamaican mother and British father, Eric Johnson, 31, moved to the UK from the Caribbean aged four.
The Home Office had been seeking to deport him as a "foreign criminal".The Home Office had been seeking to deport him as a "foreign criminal".
The Supreme Court ruled this was discriminatory, saying he would not be removed if has parents had married. The Supreme Court ruled this was discriminatory, saying he would not be removed if his parents had married.
The deportation case came down to "an accident of birth" was the view of the five Supreme Court justices on Wednesday.The deportation case came down to "an accident of birth" was the view of the five Supreme Court justices on Wednesday.
Lady Hale, who headed the panel, said in a written ruling: "In this case, what needs to be justified is the current liability of the appellant to be deported when they would not be so liable had their parents been married to one another at any time after their birth.Lady Hale, who headed the panel, said in a written ruling: "In this case, what needs to be justified is the current liability of the appellant to be deported when they would not be so liable had their parents been married to one another at any time after their birth.
"That is a present distinction which is based solely on the accident of birth outside wedlock, for which the appellant is not responsible.""That is a present distinction which is based solely on the accident of birth outside wedlock, for which the appellant is not responsible."
Johnson began his fight with the Home Office in 2011, after being jailed for nine years in 2008.Johnson began his fight with the Home Office in 2011, after being jailed for nine years in 2008.
The justices pointed out that new immigration rules that came in to effect in 2006 gave people in Johnson's position automatic British citizenship at birth, but that the changes had not been applied retrospectively.The justices pointed out that new immigration rules that came in to effect in 2006 gave people in Johnson's position automatic British citizenship at birth, but that the changes had not been applied retrospectively.
Am I a British Citizen?Am I a British Citizen?
The law is quite complex around the definition of a British citizen, but here are the guidelines from the Home Office:The law is quite complex around the definition of a British citizen, but here are the guidelines from the Home Office: