A B C v Secretary of State for the Home Department

Ms Lesley Longhurst-Woods (instructed under the Bar Council's Public Access rules) for the Claimant Ryan Kohli (instructed by The Treasury Solicitor) for the Defendant Hearing date: 18 April 2013 ____________________

On behalf of B and C, the letter intimated a root and branch challenge to the legality of serving B and C with a decision that granted them temporary admission and a subsequent decision to serve them with removal directions.

If the EU citizen has resided in the host member state for the previous five years in accordance with the EEA Regulations and the CD, expulsion must be on "serious grounds of public policy or public security" (CD Article 28.3 and EEA Regulations, regulation 21(3)). In any event, there is a requirement of proportionality because decisions must be based "exclusively on the personal conduct of the individual concerned" and previous criminal convictions "shall not in themselves constitute grounds for taking such measures":

Following the grant of permission to apply for judicial review as set out in the Judgment of HHJ Thornton Q.C. handed down on 22 May 2013

Note 2 A�s English language skills had clearly developed from the date of her trial in September 2009 where she had an interpreter to the date of her FtT hearing in June 2011 where she gave evidence without an interpreter (see paragraph 42 of the determination). She was also taking literacy learning courses in the English language in 2011 which must also have helped her to improve her English language skills. Her current English language skills were not in evidence. [Back]