Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

A deportation order is not invalid merely because it was made when the subject was outside the UK; the statutory scheme does not require presence. Detention pending deportation was lawful as there was no outstanding appeal and there was a significant risk of absconding. Article 27 of Directive 2004/38/EC does not apply to extended family members; the First-tier Tribunal's findings were rational and lawful. The refusal to revoke the deportation order and certification of the human rights claim were not flawed.

Citation
[2014] EWHC 354 (Admin)
Parties
Claimant: Arthur Obafemi Cecil Decker; First Defendant: Secretary of State for the Home Department; Second Defendant: Upper Tribunal (Asylum and Immigration Chamber)
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Judicial Review / Final Judgment After Consolidated Hearing of Three Judicial Review Claims
Outcome
All grounds for judicial review dismissed; claims fail.
Legal Topics
Deportation Orders, Detention Pending Deportation, EEA Residence Rights, Judicial Review Procedure, Article 8 ECHR, Directive 2004/38/ec, Immigration (european Economic Area) Regulations 2006
Immigration Law Administrative Law European Union Law Human Rights Law Deportation Orders Detention Pending Deportation EEA Residence Rights Judicial Review Procedure +3 more

Case Brief

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Parties

Arthur Obafemi Cecil Decker

Claimant

Secretary of State for the Home Department

First Defendant

Upper Tribunal (Asylum and Immigration Chamber)

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Consolidated Hearing of Three Judicial Review Claims

Legal Issues

  1. 1 Whether a deportation order is invalid if made when the subject is outside the UK
  2. 2 Lawfulness of detention pending deportation where appeal rights are allegedly unexhausted
  3. 3 Application of Article 27 of Directive 2004/38/EC to extended family members

Ratio Decidendi

A deportation order is not invalid merely because it was made when the subject was outside the UK; the statutory scheme does not require presence. Detention pending deportation was lawful as there was no outstanding appeal and there was a significant risk of absconding. Article 27 of Directive 2004/38/EC does not apply to extended family members; the First-tier Tribunal's findings were rational and lawful. The refusal to revoke the deportation order and certification of the human rights claim were not flawed.

Court Disposition

All grounds for judicial review dismissed; claims fail.

Orders

  • First judicial review dismissed.
  • Second judicial review dismissed.