Where a citizen of a member state had been granted temporary admission, pending a final decision on whether she should be admitted or expelled, that decision was not one which could be classified as a ‘decision concerning entry,’ for the purposes of the directive, and by legal fiction the person was deemed to be out of the country, and accordingly was entitled to the procedural safeguards given by Article 9.
Citations:
Times 16-Nov-2000
Statutes:
ECTreaty Article 234, Council Directive 64/221/EEC on the co-ordination of special measures concerning the movement and residence of foreign nationals, Immigration Act 1971 11(1)
Immigration, European
Updated: 10 April 2022; Ref: scu.88657
