||All England Reporter
|| All ER (D) 22 (May)
|| EWCA Civ 371
||Court of Appeal, Civil Division
Sedley, Stanley Burnton and Elias LJJ
||Becket Bedford (instructed by Sultan Lloyd) for the claimant.
||Carine Patry Hoskins (instructed by the Treasury Solicitor) for the Secretary of State.
||5 May 2009
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.
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.
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