Case No. UKUT-00677-(IAC)

32. Article 31(4) prohibits a Member State excluding the individual concerned from their territory pending the redress procedure from preventing the individual “from submitting his/her defence in person” (subject to two limited exceptions). (We do not need to explore why the word “defence” is used, although we posit that it may be linked to the fact that in some Member States expulsion decisions are made by criminal courts.) Reflecting that prohibition, regulation 29AA provides for “temporary admission to submit a case in person”. It provides that if a person who has been removed wants to make submissions before the First-tier Tribunal or Upper Tribunal in person, “P may apply to the Secretary of State to be temporarily admitted”. Indeed, there is even provision for a person who has (i) been removed, (ii) has then been admitted back into the United Kingdom for a First-tier Tribunal hearing; (iii) who has then pursued onward appeal, (iv) is then removed again, to then (v) apply under regulation 29AA(5) “to return to make submissions in person during the remaining stages of the redress procedure” (regulation 29AA(5)).