Key legal question
Whether refusal of a settlement permit or residence permit was lawful under the foreign nationals statute and Article 8 ECHR.
Extracted holding
Yes. The refusal was lawful and proportionate, given an expulsion ground, repeated offending, and the public interest in order and security.
Extracted reasoning
The Court found an expulsion ground under Art. 10(1)(a) ANAG, accepted the balancing of interests, and held that family ties and resocialization prospects did not outweigh the public interest. The appellant’s drug use, prior convictions, and continued offending after warning were decisive.