Source: All England Reporter
Publisher Citation: [2016] All ER (D) 139 (Jul)
Neutral Citation: [2016] UKSC 49
Court: Supreme Court

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.

The Case

Immigration Deportation. The Supreme Court,in considering an appeal regarding enhanced protection for European Union citizens under art28(3)(a) of Parliament and and the right of permanent residence within arts16 and 28(2) of that Directive, gave its provisional views on the appeal and referred a number of questions to the Court of Justice of the European Union for a preliminary ruling.

Practice Areas

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