Source: All England Reporter
Publisher Citation: [2015] All ER (D) 307 (Feb)
Neutral Citation: [2015] EWCA Civ 145
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Jackson, Lord Justice Floyd and Sir Stanley Burnton

Representation Karen Steyn QC and Paul Greatorex (instructed by the Treasury Solicitor) for the Secretary of State.
  Hugh Southey QC and Glen Hodgetts (instructed by Wilson Solicitors LLP) for AD.
  Hugh Southey QC and Glen Hodgetts (instructed by South West Law (Legal Services in the Community) Ltd, Bristol) for ME.
  LW did not appear and was not represented.
Judgment Dates: 26 February 2015

Catchwords

European Union - Freedom of movement - Persons - Expulsion - Secretary of State making decision to expel three respondent European Union citizens from United Kingdom - Respondents successfully appealing - Whether prospects of rehabilitation being irrelevant where no right of permanent residence existing - Parliament and Council Directive (EC) 2004/38 - Immigration (European Economic Area) Regulations 2006, .

The Case

European Union Freedom of movement. The Secretary of State had decided to expel three European Union citizens from the United Kingdom on the ground that their conduct had represented a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. The Upper Tribunal (Immigration and Asylum Chamber) allowed their appeals on the basis that there would be a better prospect of them being rehabilitated if they remained in the UK. The Court of Appeal, Civil Division, allowed the Secretary of State's appeals in the circumstances of each case, but held that, in considering whether an individual was to be expelled, the prospect of rehabilitation was relevant, even if the individual did not have a permanent right of residence.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.