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. Sign in or take a trial to read the full analysis.