Guernsey Judgment 39/2008 - Jolly v Minister of the Housing Department

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Housing (Control of Occupation) ( Guernsey) Law, 1994 - Human Rights (Bailiwick of Guernsey) Law, 2000 - Deputy Bailiff retired with the Jurats - reasoned judgment delivered pursuant to s.16 of the Royal Court (Reform) (Guernsey) Law, 2008 - appeal from grant of licence subject to application to renew after one year - distinction between the status of qualified resident and holder of a housing licence - proper approach to be adopted by the Department - Article 8 of the Convention and the right to respect of private and family life - Deputy Bailiff allowed the appeal, having ruled as a matter of law that the Department had failed to consider all the circumstances required by s.10 (2)(j)(iii) of the Law - Jurats held as a matter of fact that Article 8 of the Convention had been infringed - application remitted to the Department for reconsideration