Arthur Obafemi Cecil Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor

Arthur Obafemi Cecil Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor

The deportation order was valid despite the claimant's absence from the UK at the time of signing; detention pending removal was lawful as there was no requirement to exhaust all appeal rights and there was a risk of absconding; Article 27 of Directive 2004/38/EC did not apply to the claimant as an 'other family member'; the FTT's findings were fair and based on evidence; the refusal to revoke the deportation order and the certification of the human rights claim were lawful; and the claimant was properly notified of his appeal rights.

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 three judicial review claims dismissed.
Legal Topics
Deportation Orders, Detention Pending Removal, EEA Residence Rights, Judicial Review Procedure, Article 8 ECHR, Certification of Human Rights Claims, Cart Judicial Review, Exhaustion of Appeal Rights
Immigration Law Human Rights Law European Union Law Administrative Law Deportation Orders Detention Pending Removal EEA Residence Rights Judicial Review Procedure +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2
Sign in to unlock

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 the deportation order was invalid because the claimant was outside the UK when it was signed
  2. 2 Whether detention pending removal was unlawful due to unexhausted appeal rights
  3. 3 Whether Article 27 of Directive 2004/38/EC applied to the claimant as an 'other family member'

Ratio Decidendi

The deportation order was valid despite the claimant's absence from the UK at the time of signing; detention pending removal was lawful as there was no requirement to exhaust all appeal rights and there was a risk of absconding; Article 27 of Directive 2004/38/EC did not apply to the claimant as an 'other family member'; the FTT's findings were fair and based on evidence; the refusal to revoke the deportation order and the certification of the human rights claim were lawful; and the claimant was properly notified of his appeal rights.

Court Disposition

All three judicial review claims dismissed.

Orders

  • First Judicial Review dismissed.
  • Second Judicial Review dismissed.