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13 January 2011
Issue: 7448 / Categories: Case law , Law digest
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Immigration

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Carvalho v Secretary of State for the Home Department; Omar v Secretary of State for the Home Department [2010] EWCA Civ 1406, [2010] All ER (D) 166 (Dec)

Council Directive (EC) 64/221 (on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health) required that measures taken on grounds of public policy or public security should be based exclusively on the personal conduct of the individual concerned and that previous convictions should not, in themselves, constitute grounds for the taking of such measures.

It did not follow that the same approach was to be applied to the acquisition of the new right of residence under the Council Directive (EC) 2004/38 (on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States) (the Citizens’ Directive). It was particularly important that the quality of residence required during the five years was such as to meet the objective of the Citizens’ Directive to

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