Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to detain pending deportation was incompatible with EU law.
Held: Eder J refused part of the appellant’s claim for judicial review challenging his administrative detention by the SSHD. Article 27 of the Directive did not restrict, but rather expressly permitted a member state to restrict the freedom of movement of a third country national within the limits stated.
Judges:
Eder J
Citations:
[2013] EWHC 567 (Admin), [2013] WLR(D) 109
Links:
Statutes:
Immigration (European Economic Area) Regulations 2006, Parliament and Council Directive 2004/38/EC 27
Jurisdiction:
England and Wales
Cited by:
At Admn – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department CA 10-Dec-2013
The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending . .
At Admn – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 14 November 2022; Ref: scu.471759
