The SUPREME COURT

On appeal from the Court of Appeal of England & Wales (Civil Division).IssueWhether Article 14 of Council Directive 2004/83/EC is ultra vires Article 63 EC and whether that issue should be referred to the Court of Justice; whether refugee status may be awarded to those convicted of particularly serious criminal offences; and what the correct sufficiency of protection test is under Article 3 ECHR.FactsThe Appellant is a South African national who acted as a bodyguard to Winnie Mandela in the 1980s and was taken by force and placed in a Zambian jail by the ANC in 1991 following the kidnap and murder of a suspected police informant. He arrived in the UK in 1995 on a visitor visa. He was granted Exceptional Leave to Remain in 1997 and in December 2004 received a three year prison sentence for wounding with intent to cause grievous bodily harm. His application for asylum was denied in March 2007 and an order for deportation back to South Africa was made in April 2007.