The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017)

The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017)

Operation Nexus does not breach Article 14(2) of the Citizens' Directive as the process is not systematic; routine questioning may give rise to reasonable doubt, which then justifies verification. Police officers lawfully ask questions under common law powers, and assisting immigration enforcement is a legitimate policing purpose.

Citation
[2017] EWHC 1878 (Admin)
Parties
Claimant: The Centre for Advice on Individual Rights in Europe; First Defendant: The Secretary of State for the Home Department; Second Defendant: The Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
21 July 2017
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Operation Nexus, Citizens' Directive, Police Powers, Verification of Residence Rights, Article 14 Citizens' Directive, Regulation 20 B Immigration (eea) Regulations 2006
Immigration Law Public Law Human Rights Law Operation Nexus Citizens' Directive Police Powers Verification of Residence Rights Article 14 Citizens' Directive +1 more

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Parties

The Centre for Advice on Individual Rights in Europe

Claimant

The Secretary of State for the Home Department

First Defendant

The Commissioner of Police of the Metropolis

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Operation Nexus breaches Article 14(2) of the Citizens' Directive by systematic verification of EEA nationals' residence rights without reasonable doubt
  2. 2 Whether police questioning of EEA nationals under Operation Nexus is unlawful as not for policing purposes

Ratio Decidendi

Operation Nexus does not breach Article 14(2) of the Citizens' Directive as the process is not systematic; routine questioning may give rise to reasonable doubt, which then justifies verification. Police officers lawfully ask questions under common law powers, and assisting immigration enforcement is a legitimate policing purpose.

Court Disposition

Claim dismissed