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 2 January 2013. The regulations were designed to give effect to the Citizens Directive 2004/58/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states. The claimant was a non EU national. He had married an EU national resident within the UK. After criminal convictions, he was detained pending deportation on public policy grounds.
Held: His appeal failed. The pre-decision detention had not been unlawful. It was not necessary to refer the case to the ECJ. Article 18 TFEU is concerned only with the way in which EU citizens are treated in member states other than their states of nationality, and not the way in which member states treat nationals of other countries residing within their territories.
There is in place a clear statutory framework which involves appropriate judicial scrutiny and the consideration of the guidelines referred to above. In short, each case depends upon its particular facts.
The primary responsibility to comply with the Hardial Singh principles lies with the Secretary of State but the courts provide supervision of their application and challenges can be brought to secure release and not just for damages after the event.
Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Carnwath, Lord Toulson
[2016] UKSC 16, [2016] HRLR 11, [2016] WLR(D) 220, [2016] 1 WLR 1565, [2016] INLR 460, [2016] 4 All ER 720, [2016] 3 CMLR 17, [2016] 1 WLR 1565, [2016] WLR(D) 220, [2016] INLR 460, UKSC 2014/0139
Bailii, Bailii Summary, WLRD, SC, SC Summary
Immigration (European Economic Area) Regulations 2006, Citizens Directive 2004/58/EC
England and Wales
Citing:
CitedVatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08 ECJ 4-Jun-2009
ECJ European citizenship Free movement of persons Articles 12 EC and 39 EC Directive 2004/38/EC Article 24(2) Assessment of validity Nationals of a Member State Professional activity in another Member State Level . .
At AdmnNouazli, Regina (on The Application of) v Secretary of State for The Home Department Admn 15-Mar-2013
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 . .
At CANouazli, 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 . .
CitedMoustaquim v Belgium ECHR 18-Feb-1991
The applicant was a Moroccan national who arrived in Belgium in 1965 when he was aged under 2. In 1984, nineteen years later, after a career of juvenile crime, he was deported, but the deportation order was suspended in 1989 and he returned to . .
CitedMartinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .
CitedBhavyesh and Others, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2012
Rolled up hearing for permission and, if permission be granted, the substantive hearing of a challenge to an amendment made in November 2010 to the Immigration Rules laid before Parliament by the respondent, Secretary of State. In essence, these . .
CitedPonomaryov and Others v Bulgaria ECHR 18-Sep-2007
The applicants complained they were required to pay school fees as a result of their Kazakh nationality and immigration status.
Held: ‘… [A state] may also, in certain circumstances, justifiably differentiate between different categories of . .
CitedNS v Secretary of State for the Home Department etc ECJ 21-Dec-2011
Prohibition of inhuman or degrading treatment
ECJ (Grand Chamber) European Union law – Principles – Fundamental rights – Implementation of European Union law – Prohibition of inhuman or degrading treatment – Common European Asylum System – Regulation (EC) No . .
CitedRegina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
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 . .
CitedTan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
CitedChahal v The United Kingdom ECHR 15-Nov-1996
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
CitedRegina v Secretary of State for the Home Department Ex parte Saadi and others HL 31-Oct-2002
The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away . .
CitedSaadi v United Kingdom ECHR 29-Jan-2008
(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants . .
CitedHussein v Secretary of State for the Home Department Admn 21-Oct-2009
The complaint as to a detention pending a decision on whether one of the exceptions to automatic deportation applies. . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedKambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
CitedTabassum v The United Kingdom ECHR 24-Jan-2012
. .
CitedFrancis, Regina (on The Application of) v Secretary of State for The Home Department and Another CA 23-May-2014
Appeal against rejection of claim for damages after alleged unlawful detention in immigration detention centre pending examination of immigration status. . .
CitedFardous v Secretary of State for the Home Department QBD 5-Sep-2014
The claimant had been subject to administrative detention after his failed asylum claim. The court considered whether he was entitled to an award for wrongful imprisonment. . .
CitedFardous v Secretary of State for The Home Department CA 25-Aug-2015
The Secretary of State appealed against a finding that the claimant had been unlawfully detained pending his removal to Morocco.
Held: The approach taken in Hardial Singh requires both the SSHD and the courts to take a fact sensitive approach . .
CitedIsmoilov And Others v Russia ECHR 24-Apr-2008
The court criticised the Russian system in prisons: ‘in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting up time-limits for such detention, the deprivation . .
CitedAbdolkhani And Karimnia v Turkey ECHR 22-Sep-2009
The Court in the context of detention pending deportation, concluded: ‘In sum, in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to deportation and setting time-limits for such . .
CitedCharahili v Turkey ECHR 13-Apr-2010
. .
CitedDbouba v Turkey ECHR 13-Jul-2010
. .
CitedAlipour And Hosseinzadgan v Turkey ECHR 13-Jul-2010
. .
CitedSafir v Skattemyndigheten I Dajarnas Lan ECJ 1-May-1998
Different tax treatment of insurance products according to whether company offering them was based in the member country or another was unlawful breach of Treaty. . .
CitedDigital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc ECJ 8-Apr-2014
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed . .
CitedLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .

Cited by:
CitedHemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .

These lists may be incomplete.
Updated: 13 March 2021; Ref: scu.562189