Case No. UKUT-00677-(IAC)

34. Mr Malik’s second objection is that to delimit the prohibition to prevention of return to attend a hearing would improperly circumscribe the “right to be heard” which must be understood to encompass not just the hearing itself but pre-hearing stages, including preparation of a case and oral conferencing with legal advisors. We are no more persuaded by this objection than we are by the first. If Mr Malik were right, then since pre-hearing preparation can both theoretically and sometimes in reality begin on the very day the deportation/removal decision is made, there would never be any lawful basis for exclusion “pending the redress procedure”. We do not exclude that the Secretary of State may decide to temporarily admit an individual to make submissions in person for some period of days before an actual hearing; for her to do so would be an entirely lawful step under regulation 29AA. However, there is plainly no right of an individual to be present in the United Kingdom in advance of an actual hearing. Insofar as Mr Malik seeks in raising this objection to invoke the “right to be heard” under Article 47 of the Charter of Fundamental Rights, we would repeat a point made by this panel in