Case No. UKUT-00677-(IAC)

20. It is not in dispute that UK law faithfully transposes Article 31(1) and 31(3). The requirements of Article 31(3) are for a form of judicial redress that extends to an examination not just of the “legality of the decision”, but also of “the facts and circumstances on which the proposed measure is based”. These requirements are met in the UK by provisions in the 2006 EEA Regulations, in particular by regulation 26 which affords a statutory right of appeal against EEA decisions and by provisions in Schedule 1 which apply certain sections of the 2002 Act that ensure the appeal deals with the merits, not just with the legality of the EEA decision. The statutory appeal under these Regulations also provides at regulation 21 for an assessment of whether decisions taken on public policy, public health or public security grounds are disproportionate in relation to the safeguards guaranteed by Articles 27 and 28 of the Directive. 21. It is also not in dispute that Article 31(2) is faithfully transposed by regulation 24AA(4). Both Counsel agreed that these judicial review proceedings provided for an application for “an interim order to suspend enforcement of [the expulsion decision] …until such time as the decision on the interim order has been taken.” The applicant sought such an order and was granted it so that the position regarding his appeal could be clarified. This injunction has remained in place pending the handing down of this judgment.