The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor

Operation Nexus does not breach Article 14(2) of the Citizens' Directive because routine questioning of EEA nationals does not amount to systematic verification; only if reasonable doubt arises is further verification triggered. Police officers lawfully ask such questions, as assisting immigration enforcement is a policing purpose.

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 / Judgment After Substantive Hearing
Outcome: Claim dismissed
Legal Topics: Operation Nexus, Citizens' Directive, Police Powers, Right of Residence, Systematic Verification, Article 14(2), Regulation 20 B

Immigration Law Administrative Law EU Law Operation Nexus Citizens' Directive Police Powers Right of Residence Systematic Verification +2 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 / Judgment After Substantive Hearing

Legal Issues

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

Ratio Decidendi

Court Disposition

Claim dismissed