Source: All England Reporter
Publisher Citation: [2012] All ER (D) 256 (Nov)
Neutral Citation: [2012] EWHC 2415 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Timothy Straker QC sitting as a deputy judge of the High Court

Representation Graham Denholm (instructed by Wilson & Co Solicitors) for the claimant.
  Pilal Rawat (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 9 August 2012

Catchwords

Immigration - Deportation - Bail - Claimant claiming to be French national - Claimant never producing document proving nationality - Defendant Secretary of State serving deportation order upon claimant - Secretary of State intending to deport claimant to France - Claimant appealing decision - Claimant's nationality remaining uncertain - Claimant applying for support from Secretary of State - Secretary of State refusing - Support not available for non-nationals of an European Economic Area state - Whether Secretary of State erring - Whether open to Secretary of State to refuse to support claimant - Nationality Immigration and Asylum Act 2002, Sch 3 paras 1(1)(l) and 5(a) - Immigration (Economic Economic Area) Regulations 2006, .

The Case

Immigration Deportation. The Administrative Court, in allowing the claimant's application for judicial review held, inter alia, that the Secretary of State acted unlawfully in treating the claimant as an EEA national for the purposes of his application for support under s4(1)(c) of the in circumstances where his nationality had yet to be established for the purposes of his proposed deportation.

Practice Areas

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