Source: All England Reporter
Publisher Citation: [2015] All ER (D) 40 (Dec)
Neutral Citation: [2015] EWCA Civ 1245
Court: Court of Appeal, Civil Division

Moore-Bick VP, Davis and Sharp LJJ

Representation Susan Chan (instructed by the Government Legal Department) for the Secretary of State.
  Richard Drabble QC and Gilda Kiai (instructed by Wilson Solicitors LLP) for S.
  K appeared in person.
Judgment Dates: 3 December 2015


Immigration - Deportation - European Economic Area (EEA) national - Right to reside in United Kingdom - Respondent EEA nationals having permanent right of residence in UK - Respondents being convicted of offences and appellant Secretary of State ordering deportation - Respondents successfully appealing and having deportation orders set aside - Whether Upper Tribunal (Immigration and Asylum Chamber) failing to give adequate reasons for decisions - Whether tribunal failing to give adequate weight to public's adverse reaction to offences committed - Test to be applied in considering deportation of EEA national offenders - Immigration (European Economic Area) Regulations 2006, .

The Case

Immigration Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against the setting aside of deportation orders she had made in respect of two EEA nationals with a permanent right of residence in the United Kingdom. The court explained the difference between the circumstances for deportation of non-EEA foreign national offenders and EEA offenders and the requirements for the deportation of the latter.

Practice Areas

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