AIT 1. The decision by the Tribunal in FD (Algeria) [2007] UKAIT 00049 that it has power to review the exercise of discretion exercised within the EEA Regulations remains correct, despite the reversal of that determination on other grounds by the Court of Appeal.
2. When exercising discretion under reg 17(4) it will be necessary for the decision maker to show that all relevant circumstances were taken into account in relation to that decision. A reference to the relevant circumstances in relation only to a decision under Art 8 is unlikely to be sufficient.
[2008] UKAIT 00061
Bailii
England and Wales
Updated: 20 September 2021; Ref: scu.277821 br>