Kasicky: Upper Tribunal Interprets Regulation 29AA and quashes decision to deny re- entry of EEA National to attend his deportation appeal in the UK

Three main cases have been  reported by the Upper Tribunal  between December 2015 and February 2016 in relation to the interpretation  of regulation 24AA certification as well as the regulation 29AA  permission re- entry procedure.

The relevant cases are:

  • R (on the application of Kasicky) v Secretary of State for the Home Department (Reg 29AA: interpretation) IJR [2016] UKUT 00107 (IAC) – this was a judicial review  claim in relation to a Slovakan national, concerned with whether the Secretary of State’s decision to refuse  the Applicant  permission to re-enter the United Kingdom, pursuant to regulation 29AA,  to attend his appeal  hearing was lawful;
  • Gheorghiu (reg 24AA EEA Regs – relevant factors) [2016] UKUT 00024 (IAC)- this concerned a Romanian national’ s deportation appeal case; his case having been certified under regulation 24AA and the appellant having been removed from the UK, his appeal was heard  in his absence.    The Upper Tribunal however gave some  indication  of the factors a Judge  would take due account of in an application to suspend certification enabling pre-appeal removal  in an EEA case.
  • R (on the application of Masalskas) v Secretary of State for the Home Department (Regulations 24AA and 29AA EEA Regs) IJR [2015] UKUT 00677 (IAC) -the Applicant was a citizen of Lithuania who sought judicial review of the decision made by the Secretary of State to certify his removal from the United Kingdom under regulation 24AA of the 2006 Regulations.  On the same day that the Applicant applied for judicial review he also applied for an interim injunction to prevent removal( 17 March 2015). This was granted and it was ordered that the Secretary of State  was not to remove the Applicant until determination of the judicial review application  or further order. The applicant had earlier (in January 2015) lodged a statutory appeal against the EEA decision to make a deportation order against him.  At the date he brought his judicial review proceedings his statutory appeal was still pending.  His  deportation appeal was  however dismissed by  the First  Tier Tribunal whilst the judicial review proceedings were awaiting a decision on permission. An application for permission to appeal was lodged in the First Tier Tribunal.  The  Applicant    was subsequently  granted permission  for judicial review by the Upper Tribunal. By the time the Applicant’s judicial review claim was heard in October 2015,  the Applicant still  had a pending application for permission  to appeal  in the First Tier Tribunal.

The decisions in Kasicky, Gheorghiu were in themselves positive as to the  outcome  sought in the individual cases when  compared to Masalskas. It is noteworthy however that although   these  three cases were published very closely to each other, none of the two  mentioned cases published after Masalskas refer to that case.  The considerations in this regards are set out  in the concluding  part  of this article.

Continue reading on my analysis of the three cases dealing with Regulation 24AA and 29AA of the EEA Regulations 2006

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Masalskas v SSHD: EEA National Fails In A Regulation 24AA Certification Test Case Challenge In 2015 But Subsequently Wins His Substantive Deportation Appeal In The Upper Tribunal In 2016

The Judicial  Review Regulation 24AA  Certification Challenge in the Upper Tribunal:

In December 2015,  the Upper Tribunal   published the case of  Masalskas, R (on the application of) v Secretary of State for the Home Department (Regulations 24AA and 29AA EEA Regs) (IJR) [2015] UKUT 677, an EEA  Regulation  24AA certification  judicial review challenge in  which I applied for and obtained an interim order suspending removal of an EEA national  whilst at the same time  settling  the grounds  of claim in March 2015.

Read more about the case of Masalskas

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FGM and Trafficking Case : Rare Substantive Cart Judicial Review Claim Succeeds in the Adminstrative Court

G & H, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 239 was  acknowledged by the Administrative Court to be “ one of those rare cases in which the court has given permission to proceed in an application for judicial review of an Upper Tribunal FTT permission refusal”. As was noted  by  the  Court at  paragraph  5 of their judgement, one of the   features of the case was that  the Secretary of State advanced contentions which, even though the claimant had satisfied the test identified in Cart and other procedural requirements in CPR 54.7A, would require the claimant to surmount a new substantive hurdle limiting the grounds upon which the High Court can grant judicial review.

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Suckoo: Yet Again, Court of Appeal Reviews and Reiterates Proper Approach To Take in Deportation Appeals

Since the “ new rules” on deportation were introduced in July 2012,  not a lengthy period of time goes by without   the Court of Appeal providing  or re-iterating  guidance  upon the  issues  surrounding the  deportation of  foreign criminals.

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Gender-Specific Persecution And Harmful Traditional Practices: Is There Some Chance of Obtaining Asylum in the UK By Reference to Applicable Caselaw?

Women seeking to claim protection  in the United Kingdom arising out  of  forms of persecution  that are gender – specific such as female genital mutilation, domestic violence, crimes of honour have  to overcome  several hurdles in order to obtain  that protection in the UK.

Continue reading this Article where Alice provides an overview of the cases concerning Gender-Specific Persecution.

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