Case details

Secretary of State for the Home Department (Appellant) v Franco Vomero (Italy) (Respondent)

Case ID: UKSC 2012/0226

Case summary


On remittal to the Upper Tribunal, should the Respondent be permitted to argue that he had acquired a right of permanent residence by the time of the decision to depart him was made?


The Respondent, an Italian national, arrived in the UK in 1985. On 23 March 2007, the decision to deport him was made by the Secretary of State. This was after the Respondent had been released from prison in 2006, having served his sentence for manslaughter by reason of provocation, of which he had been convicted in 2001. The Respondent’s appeal against the decision to deport him was allowed by the Asylum and Immigration Tribunal after it had been initially dismissed by a differently constituted panel. The Secretary of State’s appeal to the Court of Appeal was dismissed.

On appeal to the Supreme Court, the Supreme Court made a reference to the Court of Justice was made on the premise that the Respondent had not, at the time of the decision, acquired a right of permanent residence. The purpose of this further hearing is to determine what order should be made by the Supreme Court about in light of the CJEU’s reasoning with regards to the reference.



Secretary of State for the Home Department


Franco Vomero

Further hearing


Lady Hale, Lord Reed, Lord Wilson, Lord Mance, Lord Hughes

Hearing start date

07 Feb 2019

Hearing finish date

07 Feb 2019

Watch hearing
07 Feb 2019 Afternoon session

Previous judgment [2016] UKSC 49

Judgment date

27 Jul 2016

Neutral citation numbers

[2016] UKSC 49

Case ID

UKSC 2012/0226


Lady Hale, Lord Mance, Lord Wilson, Lord Reed, Lord Hughes

Judgment details