Abdullah, R (on the application of) v Secretary of State for the Home Department & Anor

Abdullah, R (on the application of) v Secretary of State for the Home Department & Anor

The refusal of a residence card to an extended family member under the EEA Regulations 2006 does not attract a suspensive right of appeal; therefore, the claimant's removal was not unlawful, and there is no requirement to return him to the UK for the appeal.

Parties
Claimant: Abdullah; First Defendant: Secretary of State for the Home Department; Second Defendant: Asylum and Immigration Tribunal
Jurisdiction
England and Wales
Judgment Date
15 June 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Right of Appeal, Suspensive Effect of Appeals, Residence Card Applications, Durable Relationship Under EEA Regulations, Judicial Review Procedure
Immigration Law Administrative Law European Law Right of Appeal Suspensive Effect of Appeals Residence Card Applications Durable Relationship Under EEA Regulations Judicial Review Procedure

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Parties

Abdullah

Claimant

Secretary of State for the Home Department

First Defendant

Asylum and Immigration Tribunal

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether removal of the claimant was unlawful due to a pending right of appeal under the Immigration (European Economic Area) Regulations 2006
  2. 2 Whether the right of appeal against refusal of a residence card to an extended family member is suspensive of removal directions
  3. 3 Whether the Secretary of State complied with the duty to undertake an extensive examination of personal circumstances under Regulation 17(5)

Ratio Decidendi

The refusal of a residence card to an extended family member under the EEA Regulations 2006 does not attract a suspensive right of appeal; therefore, the claimant's removal was not unlawful, and there is no requirement to return him to the UK for the appeal.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to appeal to the Court of Appeal is a matter for the Court of Appeal to decide
  • Detailed assessment of claimant's costs ordered