[2024] UKUT 00101 (IAC)

Nagdev (Procedural safeguards; expulsion; Chenchooliah)

Heard at Field House

THE IMMIGRATION ACTS

Promulgated on 15 February 2024

Before

UPPER TRIBUNAL JUDGE GILL

and

UPPER TRIBUNAL JUDGE BLUNDELL

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

(1) PRITAM KUMAR NAGDEV

(2) JAYA NAGDEV

Respondents

Representation:

For the Appellant: Peter Deller, Senior Presenting Officer

For the Respondent: Zainul Jafferji, of Counsel, instructed via the Direct Access Scheme

The decision of the CJEU in Chenchooliah v Minister for Justice and Equality [2019] EUECJ C-94/18 (10 September 2019); [2020] Imm AR 80 extended the procedural safeguards in the Citizens’ Rights Directive to protect third country nationals against decisions to expel them, where expulsion was on the ground that they no longer have a right of residence under the Directive.   Where there has been no expulsion decision, the procedural safeguards are of no application and no question of proportionality arises.

DECISION AND REASONS