The appeal by the SSHD concerned her right to expel EEA nationals from a Member State. All three As have extensive criminal records, with ME also being detained in a mental hospital where he committed arson. The Court found that once proportionality is engaged, the factors to be taken into account do not vary with the length of legal residence of the person. The latter affects the weight to be given to the respective prospects of rehabilitation and such prospects are not irrelevant unless the offender has a permanent right of residence. Rehabilitation is not infrequently linked to the health of the offender, which was the case in ME and AD. In LW there is a connection between alcohol consumption and his offending. The Court found that it is easier for the SSHD to obtain evidence as to support services in other Member States. The SSHD’s appeal was allowed in all three cases and they were remitted to the Tribunal.

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