- 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?
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.
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