A deportation order was made against the Appellant, a Portuguese national, on his 18th birthday. As part of the same decision letter, the Secretary of State certified that the Appellant’s removal pending any appeal would not be in breach of his human rights under reg 33 of the EEA Regulations 2016. The Appellant appealed the deportation decision and brought judicial review proceedings challenging the certification, but was deported in July 2019. In his judicial review, he sought an interim order requiring the Secretary of State to facilitate his return.
The Court of Appeal allowed the Appellant’s appeal against the refusal of interim relief, accepting that an EU proportionality exercise must be performed on an application for interim relief following R (Hafeez) v Secretary of State for the Home Department  EWHC 437 (Admin);  1 WLR 1877.
Natasha Jackson appeared on behalf of the Appellant, led by Becket Bedford of No 5 Chambers and instructed by Stuart Luke at Instalaw.