When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and invites representations. The second stage is issuing the...
In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is no “exceptional circumstances” test that applies in EU law to protect a non-EU national carer from deportation. The case involved a Jamaican woman who is...
It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t preclude judges from following the correct approach to assessing the proportionality...
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). Background: the deport first, appeal...
In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European Convention on Human Rights. General...
The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Department [2019] EWCA Civ 1168. Any decision to detain cannot be based...
The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the Free Movement directive, including proportionality and necessity, must...
