The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the respondent had failed to take account of the length of time he had been here and, given the non-continuation of contact with his wife and children, the unlikelihood of his re-offending.
Held: The decision needed to be proportionate under two provisions, European and Human Rights law.
European law guaranteed freedom of movement within the EU for workers, subject to limitations on public policy grounds, which included the personal conduct of the individual, but ‘Previous criminal convictions shall not in themselves constitute grounds for the taking of such measures’
In any event, in the imposition of limitations on the right of free movement of EU nationals, member states must respect any relevant provision of the European Convention on Human Rights.
Judges:
Simon Brown, Ward, Sedley LJJ
Citations:
[2000] EWCA Civ 158, [2000] Imm AR 478, [2000] INLR 361, [2000] 2 CMLR 1086
Links:
Statutes:
European Convention on Human Rights 8, Immigration Act 1971 3(5), Asylum and Immigration Appeals Act 1993 9
Jurisdiction:
England and Wales
Citing:
Cited – Goremsandu v Secretary of State for the Home Department CA 1996
The applicant had been convicted of incest with his daughter, and served with a deportation notice on release from prison.
Held: Removal on ‘public policy’ grounds may be a justified response to sufficiently serious criminal conduct, if . .
Cited – Regina v Secretary of State for the Home Department ex parte Marchon CA 23-Feb-1993
It was permissible for the Home Secretary to order the deportation of a convicted drug trafficker for the public good, even though he was an EC national, and though there was nothing to suggest any propensity to commit any further offences. It was . .
Cited – Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal CA 1992
The applicant, a Kuwaiti citizen of previous good character had been ordered to be deported after serving a sentence for drugs and dishonesty. He sought review of the IAT’s refusal of his appeal, arguing that Rule 162 of the 1983 rules required the . .
Cited – Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
Cited – Regina v Pierre Bouchereau ECJ 27-Oct-1977
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights, European
Updated: 31 May 2022; Ref: scu.147191
