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05 October 2012
Issue: 7532 / Categories: Case law , Law digest , In Court
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Immigration

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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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