| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 22 (May) |
| Neutral Citation: | [2009] EWCA Civ 371 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sedley, Stanley Burnton and Elias LJJ |
| Representation | Becket Bedford (instructed by Sultan Lloyd) for the claimant. |
| Carine Patry Hoskins (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 5 May 2009 |
Catchwords
Immigration - Deportation - Decision to deport - Continuous period of residence - Period of imprisonment - Whether period of imprisonment to be included in calculating whether EEA national resident in United Kingdom for period of at least 10 years - Construction of domestic and European provisions - Immigration (European Economic Area) Regulations 2006, SI 2006/1003, reg 21(4)(a) - Parliament and Council Directive (EC) 2004/58, art 28.
The Case
Immigration Deportation. Court of Appeal, Civil Division: The period during which an EEA national was serving a sentence of imprisonment in the United Kingdom was not to be included when calculating whether he had resided in the UK for a continuous period of at least 10 years prior to the decision to deport him so as to preclude his being deported in the absence of imperative grounds of public security.
Practice Areas
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