Case No. UKUT-00118-(IAC)

v Secretary of State for the Home Department [2015] UKSC 19 left the issue undecided and canvassed the possibility of a referral to the CJEU in some appropriate case. 49. Mr Jafferji contended that the specific dimension of EU Law to be considered is the proportionality principle which, in turn, requires consideration of whether the Appellants pose a genuine, present and sufficiently serious threat to an identified public interest; an exclusive focus on the personal conduct of the Appellants; disregard of the issue of general prevention; and consideration of the impact of the Secretary of State’s decisions upon the Appellants’ rehabilitation prospects. This submission was advanced by reference to Articles 27 and 28 of Directive 2004/38/EC (the “Citizens Directive”) and its final element entailed the contention that the Appellants benefit from, as a minimum, the highest tier of protection which the Directive affords, namely imperative grounds of public security. 50. Responding, Ms McGahey QC and Mr Mandalia highlighted the inconclusive nature of the Supreme Court’s consideration of this issue in Pham and submitted that this ground of appeal must fail by reason of the decision in G1 to which effect was given recently by this Tribunal in