For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: ‘Thus under EEC Law a valid recommendation for deportation can only be made if at least two conditions are fulfilled: first, that there exists a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society – in our judgment, that is simply a somewhat fuller way of saying that the appellant’s continued presence in the United Kingdom would be to its detriment – and secondly, that the reasons are given to the appellant for making the recommendation. Mr Turner who appeared before the Court as amicus curiae submitted that EEC law here simply mirrors the law and practice of this country. With that submission we agree.’
Citations:
(1988) 87 Crim App R 344
Jurisdiction:
England and Wales
Citing:
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 . .
Cited – Regina v Nazari CACD 1980
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without . .
Cited by:
Cited – Regina v Kluxen CACD 14-May-2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals.
Held: Since the 2007 it is not appropriate to recommend . .
Cited – Regina v Spura 3-Jan-1988
The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ‘. . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 30 June 2022; Ref: scu.415079
