A 21-YEAR-OLD foreign national convicted of violent and sexual offences will be deported after the Royal Court ruled that the public interest in protecting the community outweighed his right to remain in the Island with his family.
Jose Guilherme Vieira Da Costa attempted to appeal a decision by the Home Affairs Minister ordering his deportation, but the Royal Court dismissed the challenge.
He was sentenced in January 2025 to 12 months’ imprisonment after pleading guilty to grave and criminal assault, breaching notification requirements, and breaching community service and probation orders linked to earlier offending.
The court also noted that he had previously been convicted of a sexual offence in 2023.
Although the case was acknowledged to be “finely balanced”, the court ultimately backed the minister’s judgment that deportation was justified – finding that Da Costa’s personal circumstances had been weighed against the need to protect the public.
The deportation decision followed a detailed review of his background, offending and family situation in Jersey.
The minister considered reports from immigration officials, probation services and the courts, as well as written representations from Da Costa himself.
While Da Costa argued that deportation would damage his family life – particularly his relationship with his young sister – the minister concluded that the impact would be limited.
The court noted there was no evidence that his family depended on him financially, and his contact with his sister was already restricted by a restraining order preventing unsupervised contact following sexual offences.
The minister also highlighted that Da Costa had spent most of his life in Madeira – where he was born, educated, still has relatives, and speaks the local language.
In addition, the court observed that he had made little positive contribution to the Island since arriving in 2019.
In earlier sentencing remarks cited in the judgment, the Deputy Bailiff told him: “Living in Jersey is a privilege, and you feel free to ignore the laws of the Island.”
The court noted that Da Costa “had persistently offended, including violently and sexually, and was at a high risk of continuing to do so and causing further harm to the community”.
After reviewing the evidence and reasoning, the judges concluded that the minister had struck the correct balance between Da Costa’s right to family life and the public interest in preventing further crime.
The court said it was satisfied that the required balancing exercise under human rights law had been carried out properly and that “her decision to deport Da Costa was “proportionate”.
As a result, the application for judicial review was dismissed, clearing the way for the deportation order to stand.
