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FREE MOVEMENT DEPORTATION AND DETENTION UPDATE

What happens when a deportation order is served on a 17-year-old EEA national detained in prison?

By Alison Harvey on Aug 16, 2019 10:35 am

Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It does not exclude them at all. So held Mr Justice Murray in R (Yuri Mendes) v Secretary of State for the Home Department [2019] EWHC 2233. Mr Mendes, a Portuguese national who had been deported, was applying for interim relief in the form of return to the UK. The court agreed with the Secretary of State that regulation 33(4), which provides that if a person applies for interim relief the person cannot be removed from the UK until the court has made its decision on...

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