- BY Colin Yeo
Updated Home Office guidance on criminality in article 8 ECHR cases
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Source: Criminality guidance in article 8 ECHR cases – GOV.UK
The change log says:
Additional sections to reflect the Supreme Court judgment in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] and the European Court of Justice judgement in Ruiz Zambrano (European citizenship) [2011] ECJ C-34/09.
On Hesham Ali, as would be expected, the guidance notes that the Supreme Court did not consider the effect of the introduction of statutory considerations.
On Zambrano, the guidance refers to the case of CS v UK C-304/14 and then goes on:
This means that where a derivative right of residence is established, deportation must be considered under regulation 19(3)(b) and regulation 21 of the 2006 EEA Regulations, and not under the UK Borders Act 2007 or the Immigration Act 1971.
See earlier Free Movement write ups of these cases:
- Ali and Makhlouf: What is the correct approach to determining deportation appeals?
- EU derived rights of residence not automatically lost if crime is committed
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