Source: All England Reporter
Publisher Citation: [2010] All ER (D) 166 (Dec)
Neutral Citation: [2010] EWCA Civ 1406
Court: Court of Appeal, Civil Division

Maurice Kay, Longmore and Stanley Burnton LJJ

Representation Richard Drabble QC and Mikhil Karnik (instructed by Paragon Law) for the first claimant.
  The second claimant did not appear and was not represented.
  Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 December 2010


Immigration - Deportation - European Economic Area (EEA) national - Right to reside in United Kingdom - Deportation of claimant EEA national with right to reside in United Kingdom - Secretary of State deciding to deport claimant present in United Kingdom for five years on basis enhanced residency not acquired - Claimant having been incarcerated in UK prison - Claimant appealing against deportation - Whether period of 'residence' including period of imprisonment - Immigration (European Economic Area) Regulations 2006, SI 2006/1003, reg 15 - Council Directive (EC) 2004/38/EC.

The Case

Immigration Deportation. The Court of Appeal, Civil Division, in dismissing the first claimant's appeal against deportation, held that time spent in prison did not count towards a person acquiring an enhanced right of residence under reg15 of the Immigration (European Economic Area) Regulations 2006, . The Secretary of State's appeal was allowed, with the court finding that the Asylum and Immigration Tribunal had given insufficient reasons for its decision to allow the second claimant's appeal against deportation.

Practice Areas

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