Arranz (EAA Regulations – Deportation – Test : Spain): UTIAC 22 Aug 2017

(i) The burden of proving that a person represents a genuine, present and sufficiently threat affecting one of the fundamental interests of society under Regulation 21(5)(c) of the EEA Regulations rests on the Secretary of State.
(ii) The standard of proof is the balance of probabilities.
(iii) Membership of an organisation proscribed under the laws of a foreign country does not without more satisfy the aforementioned test.
(iv) The ‘Bouchereau’ exception is no longer good law: CS (Morocco) applied

Citations:

[2017] UKUT 294 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 31 January 2022; Ref: scu.595807