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Ben Amunwa represents EU national in complex Upper Tribunal appeal

17th May 2019

Ben Amunwa appeared before President Lane of the Upper Tribunal (Immigration and Asylum Chamber) on a complex appeal relating to important points of EU law and human rights legislation.

 

The issues before panel of 3 Upper Tribunal Judges included:

 

(i)                  whether the Tribunal has jurisdiction to hear an in-country appeal by an EEA national against a refusal to revoke a deportation order, and if so on what basis; and

(ii)                whether the procedural guidance on the scope of Rule 24 responses [1] in the case of EG and NG (UT rule 17: withdrawal; rule 24: scope) Ethiopia [2013] UKUT 00143(IAC)is correct.

 

Ben argued that the secondary legislation which governs the deportation of EEA nationals should be read down so as to be compatible to human rights obligations, where the requirement for a person to leave the UK before they can apply to revoke a deportation order would result in a breach of that person’s Convention rights. Furthermore, where the Secretary of State issued a substantive decision in response to an in-country application to revoke a deportation order, that decision was capable of generating a right of appeal where it amounted to a refusal of a human rights claim, as well as a refusal under the 2016 EEA regulations. On that basis, the Tribunals had jurisdiction to hear the instant appeal.

 

It is anticipated that in its judgment, the panel may take the opportunity to provide further guidance on the interaction between the EEA deportation regime and Article 8 of the European Convention on Human Rights, as well as guidance on the correct procedure for Respondents to follow when they wish to ‘cross-appeal’ in the Upper Tribunal.

 

Ben was instructed by Duncan Lewis solicitors.

 

[1] Rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008 S.I. 2008 NO. 2698.


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