Machado v Secretary of State for the Home Deptment: CA 19 May 2005

At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to deport the appellant is sustainable. The applicant had failed in his asylum claim, and in his time here been repeatedly been convicted and imprisoned. He had now married an English woman. The Home Secretary had concluded this to be a marriage of convenience.
Held: The IAT had failed to look at the issues it was required to consider. ‘it must be considered on the issue of whether the threat to a fundamental interest to society is such that it is proportionate in all the circumstances to deport the appellant. Next, the issue of proportionality arises under Article 8 of the ECHR.’ The appeal was allowed and the matter remitted to a different tribunal.


[2005] EWCA Civ 597




Immigration (European Economic Area) Regulations 2000 21(3)(b), European Convention on Human Rights 8


England and Wales


CitedHuang v The Secretary of State for the Home Department CA 1-Mar-2005
The adjudicator’s function is effectively to retake the Home Secretary’s decision. In doing so he will have regard to the Home Secretary’s policy in relation to the deportation of offenders as a material fact but not as a substitute for or a fetter . .
CitedCarpenter v Secretary of State for the Home Department ECJ 11-Jul-2002
The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended.
Held: The husband had business interests and activities throughout the community. The deportation of the . .
CitedRutili v Ministre De L’Interieur ECJ 28-Oct-1975
Europa 1. The expression ‘subject to limitations justified on grounds of public policy’ in article 48 concerns not only the legislative provisions adopted by each member state to limit within its territory . .
CitedSecretry of State for the Home Department v Akrich ECJ 23-Sep-2003
After being deported twice from England, the applicant returned secretly, married a British citizen, and sought leave to remain. He was deported, but to Ireland where his new spouse was then established. He sought to rely upon the case of Surinder . .
CitedRegina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
CitedGeorgios Orfanopoulos and Others v Land Baden-Wurttemberg. ECJ 29-Apr-2004
When considering a claim to resist deportation ‘the requirement of the existence of a present threat must, as a general rule, be satisfied at the time of the expulsion.’
Europa On the interpretation of . .
CitedRegina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department ECJ 7-Jul-1992
ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude . .
CitedNazli and Others v Stadt Nurnberg ECJ 10-Feb-2000
Europa EEC-Turkey Association Agreement – Freedom of movement for workers – Articles 6(1) and 14(1) of Decision No 1/80 of the Association Council – Registration as duly belonging to the labour force of a Member . .
CitedAmrohalli v Denmark ECHR 11-Jul-2002
A properly conducted examination of proportionality when considering a deportation is quite capable of producing a decision in favour of the applicant. . .
CitedRegina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 26 August 2022; Ref: scu.225008