R (on the application of Shehu) v Secretary of State for the Home Department (Citizens Directive: no suspensive appeals)

Immigration – Removal. The Upper Tribunal (Immigration and Asylum Chamber) held that the redress procedure required by arts 31 and 35 of European Parliament and Council Directive (EC) 2004/38 did not make it necessary to treat European Economic Area appeals as suspensive, since arrangements could be made, on the conditions in art 31(4) of the Directive, for allowing the subject to submit his defence in person, which was reason enough for declining to treat Ahmed v Secretary of State for the Home Department ([2016] EWCA Civ 303) as per incuriam for not dealing with art 35 of the Directive.

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