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Exclusion and expulsion of extended family members (R (Decker) v Secretary of State for the Home Department)

Exclusion and expulsion of extended family members (R (Decker) v Secretary of State for the Home Department)
Published on: 01 December 2017
Published by: LexisPSL
  • Exclusion and expulsion of extended family members (R (Decker) v Secretary of State for the Home Department)
  • Original news
  • What was the background to the case?
  • What issues arose for the Court of Appeal's consideration?
  • What did the court decide, and why?
  • To what extent is the judgment helpful in clarifying the law in this area? Are there still any unresolved issues practitioners will need to watch out for?
  • How does the decision fit in with other developments in this area of law?
  • What are the implications for practitioners? What will they need to be mindful of when advising in this area?
  • How should a decision-maker consider a family permit or residence card application by an extended family member where there are criminality or immigration misconduct grounds, following the judgment?
  • Should the Home Office's guidance on extended family members be changed as a result?

Article summary

Immigration analysis: In R (Decker) v Secretary of State for the Home Department, the Court of Appeal had to consider the correct procedures when making a deportation order and when refusing a European Economic Area (EEA) residence card to an extended family member. Sandra Akinbolu, of Lamb Building, examines the court's judgment. or take a trial to read the full analysis.

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