Nouazli) R (On the Application Of) v Secretary of State for the Home Department

Administrative detention pending deportation is compatible with Article 27 of Directive 2004/38/EC provided proportionality and public policy grounds are satisfied; regulation 24(1) and section 36(1) UK Borders Act 2007 are not incompatible with EU law; no unlawful discrimination occurred as EEA nationals are subject to a distinct legal regime; new arguments not raised below cannot be pursued on appeal.

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 Judgment
Outcome: Appeal dismissed
Legal Topics: Detention Pending Deportation, Compatibility of National Law With EU Directive, Discrimination on Grounds of Nationality, Proportionality in Administrative Detention

Immigration Law European Union Law Administrative Law Detention Pending Deportation Compatibility of National Law With EU Directive Discrimination on Grounds of Nationality Proportionality in Administrative Detention

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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 Judgment

Legal Issues

1 Whether administrative detention pending deportation is compatible with Article 27 of Directive 2004/38/EC
2 Whether regulation 24(1) and section 36 of the UK Borders Act 2007 are compatible with European law
3 Whether detention under regulation 24(1) involved unlawful discrimination on grounds of nationality

Ratio Decidendi

Court Disposition

Appeal dismissed