Nouazli) R (On the Application Of) v Secretary of State for the Home Department [2013] EWCA Civ 1608 (10 December 2013)

Nouazli) R (On the Application Of) v Secretary of State for the Home Department [2013] EWCA Civ 1608 (10 December 2013)

Administrative detention under regulation 24 of the Immigration (EEA) Regulations 2006 is not incompatible with Directive 2004/38/EC, provided the safeguards and proportionality requirements of the Directive are met. The differences in detention regimes between EEA nationals and third country nationals do not amount to unlawful discrimination under Article 18 TFEU. Arguments not raised before the lower court cannot be introduced on appeal.

Citation
[2013] EWCA Civ 1608
Parties
Claimant/appellant: Rachid Nouazli; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 December 2013
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Detention Pending Deportation, Compatibility of UK Law With EU Directive 2004/38/ec, Discrimination on Grounds of Nationality, Proportionality in Administrative Detention, Interpretation of Article 27 of Directive 2004/38/ec
Immigration Law European Union Law Human Rights Detention Pending Deportation Compatibility of UK Law With EU Directive 2004/38/ec Discrimination on Grounds of Nationality Proportionality in Administrative Detention Interpretation of Article 27 of Directive 2004/38/ec

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Parties

Rachid Nouazli

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether administrative detention pending deportation under UK law is compatible with Article 27 of Directive 2004/38/EC
  2. 2 Whether regulation 24(1) and section 36 of the UK Borders Act 2007 are compatible with European law
  3. 3 Whether the appellant's detention was unlawfully discriminatory on grounds of nationality

Ratio Decidendi

Administrative detention under regulation 24 of the Immigration (EEA) Regulations 2006 is not incompatible with Directive 2004/38/EC, provided the safeguards and proportionality requirements of the Directive are met. The differences in detention regimes between EEA nationals and third country nationals do not amount to unlawful discrimination under Article 18 TFEU. Arguments not raised before the lower court cannot be introduced on appeal.

Court Disposition

Appeal dismissed