Vasconcelos (Risk – Rehabilitation) Portugal: UTIAC 16 Jul 2013

UTIAC (1) In assessing whether an EEA national represents a current threat to public policy by reason of a risk of resumption of opportunistic offending, the Tribunal should consider any statistical assessment of re-offending provided by NOMS but is not bound by such data if the overall assessment of the evidence supports the conclusion of continued risk;
(2) A failure by a respondent to an appeal to comply with directions, serve a respondent’s notice in time, or indicate what fresh evidence is sought to be adduced to update the tribunal in the event that a decision is re-made, is likely to mean an adjournment to supply witness statements and adduce such evidence will be refused.

Blake J P, Southern UTJ
[2013] UKUT 378
England and Wales


Updated: 20 November 2021; Ref: scu.515454