*R (on the application of the Centre for Advice on Individual Rights in Europe) v Secretary of State for the Home Department and another

Immigration – European Economic Area nationals. The judge had been right to hold that the prohibition on systematic verification of a right of residence in art 14(2) of Directive (EC) 2004/38 had not been infringed by Operation Nexus, under which foreign nationals who had been arrested would routinely be asked questions about their nationality and the basis on which they were exercising their Treaty rights. The Court of Appeal, Civil Division, in dismissing the claimant Aire Centre's appeal, further held that the judge had been correct to hold that police officers did have power at common law to ask such questions.

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