Abdullah, R (on the application of) v Secretary of State for the Home Department & Anor [2009] EWHC 1771 (Admin) (15 June 2009)

Abdullah, R (on the application of) v Secretary of State for the Home Department & Anor [2009] EWHC 1771 (Admin) (15 June 2009)

Refusal of a residence card to an extended family member under the EEA Regulations 2006 does not give rise to a suspensive right of appeal preventing removal. Regulation 29 suspends removal only for appeals against refusal of admission or removal, not for refusal of a residence card. The claimant's removal was not...

Source-derived case information.

Citation
[2009] EWHC 1771 (Admin)
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 / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Right of Appeal Under EEA Regulations, Suspensive Effect of Appeals, Residence Card for Extended Family Members, Judicial Review of Removal Decisions
Immigration Law Administrative Law European Law Right of Appeal Under EEA Regulations Suspensive Effect of Appeals Residence Card for Extended Family Members Judicial Review of Removal Decisions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Abdullah

Claimant

Secretary of State for the Home Department

First Defendant

Asylum and Immigration Tribunal

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether refusal of a residence card to an extended family member under the Immigration (EEA) Regulations 2006 gives rise to a suspensive right of appeal preventing removal
  2. 2 Whether the Secretary of State was required to bring the claimant back to the UK after removal
  3. 3 Whether Regulation 17(5) duty to examine personal circumstances applied

Ratio Decidendi

Refusal of a residence card to an extended family member under the EEA Regulations 2006 does not give rise to a suspensive right of appeal preventing removal. Regulation 29 suspends removal only for appeals against refusal of admission or removal, not for refusal of a residence card. The claimant's removal was not unlawful, and the Secretary of State is not required to bring him back to the UK.

Court Disposition

Claim 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.