The Grand Chamber of the Court of Justice in Luxembourg handed down judgement on the preliminary reference from the Supreme Court in the case of Franco Vomero on 17 April 2018. The case is linked with a preliminary reference from a German court in the case of B.
The court concluded that it was a prerequisite that enhanced protection from expulsion would only be available if the individual had previously acquired a right of permanent residence, before being entitled to the highest level of protection of imperative grounds of public security.
The court also considered that notwithstanding a lengthy prison sentence, it was possible that an individual who had acquired the highest level of protection would not necessarily have lost that level of protection by virtue of the detention, if the integrative links between the person and the host member state had not been broken.
Mr Vomero was represented by Raza Husain QC, Nick Armstrong and Professor Takis Tridimas of Matrix Chambers, instructed by Jawaid Luqmani.