mg_prisonUTIAC1408
(1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion decision made against them must be based upon imperative grounds of public security.
(2) There is a tension in the judgment of the Court of Justice of the European Communities in Case C-400/12 Secretary of State v MG, ECLI:EU:C:2014:9, in respect of the meaning of the ‘enhanced protection’ provision.
(3) The judgment should be understood as meaning that a period of imprisonment during those 10 years does not necessarily prevent a person from qualifying for enhanced protection if that person is sufficiently integrated. However, according to the same judgment, a period of imprisonment must have a negative impact in so far as establishing integration is concerned.
Storey, Allen UTJJ
[2014] UKUT 392 (IAC)
Bailii
Directive 2004/38/EC
England and Wales
Immigration, Prisons, European
Updated: 11 November 2021; Ref: scu.536462
