Source: All England Reporter
Publisher Citation: [2005] All ER (D) 289 (May)
Neutral Citation: [2005] EWCA Civ 597
Court: Court of Appeal, Civil Division
Judge:

Sedley, Arden and Gage LJJ
Representation Paul Draycott (instructed by Howells) for the claimant.
  Jonathan Swift (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 19 May 2005

Catchwords

Immigration - Deportation order - Criminal conviction - Public policy - Foreign national married to EU national with right of establishment in United Kingdom - Conduct amounting to real and sufficiently serious threat to fundamental interest of society - Proportionality of removal - Immigration (European Economic Area) Regulations 2000, SI 2000/2326, regs 21, 23.

The Case

The decision of the Immigration Appeal Tribunal to uphold the adjudicator's rejection of the claimant's appeal against a decision to deport him, even though he was a foreign national married to an EU national with a right of establishment in the United Kingdom, on grounds of public policy, would be set aside, as the appeal tribunal had failed to address the critical questions whether the claimant's conduct manifested a real and sufficiently serious threat to a fundamental interest of society, and if so, whether it was proportionate in all the circumstances to deport him.

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