The application
7. The applicant is a citizen of Lithuania and seeks judicial review of the decision made by the respondent to certify his removal from the United Kingdom under regulation 24AA of the 2006 Regulations. That decision was originally made on 10 December 2014, at the same time as he was served a reasons for deportation letter and a deportation order. On 17 March 2015 the respondent issued him with a supplementary decision to certify his removal under regulation 24AA, together with a new notice of decision to make a deportation order. His judicial review claim form lodged on the same day identifies the decision being challenged as a decision of 12 March to set removal directions for 18 March 2015, but it is common ground that it is the underlying decision to certify that is in issue in these proceedings (we return to this matter in a moment). On the same day the applicant applied for judicial review he also applied for an interim injunction to prevent removal. This was granted on the specific basis that the position regarding the applicant’s appeal ‘should be clarified before any further steps are taken to remove the applicant”. It was ordered that the respondent was not to remove the applicant until determination of this application or further order.
- JUDGE STOREY
- Kiarie, R (On the Application Of) and Another v The Secretary of State for the Home Department
- Kiarie and Byndloss
- The 2004 Citizens Directive
- Article 27
- Article 28
- Article 31
- The 2006 EEA Regulations
- Home Office Guidance
- The application
- The statutory appeal
- The decision under challenge
- The grant of permission
- Department
- The grounds
- Macastena
- Kiarie & Byndloss
- ANALYSIS
- udicial redress
- Suspensive effect
- The regulation 24AA test
- ground
- Regulation 24AA as a discretionary power
- Regulation 24AA as a temporary measure tied to the appeals process
- in-time appeal:
- The proportionality issue
- Kiarie & Byndloss
- The right of “defence” in person and regulation 29AA
- Meaning of Exclusion
- Right to be heard
- Ahmed, R (on the application of) v Secretary of State for the Home Department (EEA/s 10 appeal rights: effec
- Khaled Boudjlida
- EU:C2010:146
- EU:C:2013:588
- Pecastaing v Belgium
- case
- THE APPLICANT’S CASE
- Kiarie and Byndloss
- JR (in the application of) v Secretary of State for the Home Department
- Ukus
- Annex A
- Note:
- Human rights considerations and interim orders to suspend removal
- here
