Secretary of State for The Home Department v Vomero (Italy): SC 27 Jul 2016

The respondent an Italian national had come to the UK, and married an English wife and making a family here. After the marriage broke down he committed a manslaughter, and on his release it was decided that he should be deported. He successfully appealed, and his appeal was confirmed by the Court of Appeal.
Held: Questions were referred to the ECJ.
A majority of the Court favours the view that possession of a right of permanent residence is not needed in order to enjoy enhanced protection under article 28(3)(a). But a minority regards the position as at the least unclear and so as requiring a reference to the Court of Justice. The Supreme Court accordingly refers to the Court of Justice the question:
‘(1) whether enhanced protection under article 28(3)(a) depends upon the possession of a right of permanent residence within article 16 and article 28(2).’


Lady Hale, Deputy President, Lord Mance, Lord Wilson, Lord Reed, Lord Hughes


[2016] UKSC 49, UKSC 2012/0226, [2017] 1 All ER 999


Bailii, Bailii Summary, SC, SC Summary


Immigration (European Economic Area)
Regulations 2006 19(3)(b) 21


England and Wales


CitedOnuekwere v Secretary of State For The Home Department ECJ 16-Jan-2014
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 16(2) and (3) – Right of permanent residence of third-country nationals who are family members of a Union citizen – Taking into consideration . .
Appeal fromSecretary of State for The Home Department v FV (Italy) CA 14-Sep-2012
A right of permanent residence (‘RPR’) is a prerequisite for enhanced protection against expulsion pursuant to article 28(3)(a) of the Directive . .
CitedSecretary of State for Work and Pensions v Lassal ECJ 7-Oct-2010
Reference for preliminary ruling – Freedom of movement for persons – Directive 2004/38/EC – Article 16 – Right of permanent residence – Temporal application – Periods completed before the date of transposition . .
CitedLand Baden-Wurttemberg v Tsakouridis ECJ 23-Nov-2010
(Grand Chamber) Freedom of movement for persons – Directive 2004/38/EC – Articles 16(4) and 28(3)(a) – Union citizen born and having resided for over 30 years in the host Member State – Absences from the host Member State – Criminal convictions – . .

Cited by:

See AlsoSecretary of State for The Home Department v Vomero (Italy) SC 24-Jul-2019
V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 17 April 2022; Ref: scu.567608