Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199, [2012] All ER (D) 97 (Sep)
The test to be applied to establish “imperative grounds of public security” in reg 21(4) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), was as stated in Tsakouridis Land Baden-Wurttemberg v Tsakourdis: C 145/09 [2010] All ER (D) 247 (Nov), namely that the conduct of the person concerned had to represent a genuine and present threat to a fundamental interest of society or of the member state concerned. Previous criminal convictions could not in themselves constitute grounds for taking public policy or public security measures and justifications that were isolated from the particulars of the case or that relied on considerations of general prevention could not be accepted. Consequently, an expulsion measure had to be based on an individual examination of the specific case. It was further settled law (applying the case of PI: Case C-349/09, unreported 22 May 2012) that the concept of “imperative grounds of public security” presupposed not only the existence of
