|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 139 (Jul)|
|Neutral Citation:|| UKSC 49|
Lady Hale DP, Lord Mance, Lord Wilson, Lord Reed and Lord Hughes SCJJ
|Representation||Robert Palmer and Ben Lask (instructed by the Government Legal Department) for the Secretary of State.|
|Raza Husain QC, Takis Tridimas and Nick Armstrong (instructed by Luqmani Thompson & Partners) for the respondent.|
|Judgment Dates:||27 July 2016|
Immigration - Deportation - European Economic Area (EEA) national - Right to reside in United Kingdom - Respondent Italian national living in United Kingdom for 16 years before serving sentence of imprisonment for manslaughter by reason of provocation - Appellant Secretary of State deciding to deport respondent - Secretary of State maintaining respondent not having acquired permanent right of residence so not having enhanced protection - Respondent successfully appealing to Court of Appeal, Civil Division - Court finding respondent having unbroken prior integrative link with UK - Whether enhanced protection depending upon possession of right of permanent residence - Parliament and Council Directive ((EC) 2004/38, arts 16, 28.