R (on the application of Decker) v Secretary of State for the Home Department and another

Immigration – Deportation. The claimant Sierra Leonean national sought by way of judicial review to challenge the validity of a deportation order signed by the first defendant Secretary of State and his detention pursuant to that order. He also sought judicial review of the second defendant Upper Tribunal (Asylum and Immigration Chamber)'s decision to refuse him permission to appeal against the decision of the First-tier Tribunal (Asylum and Immigration Chamber) (FTT) to refuse him permission to appeal against the Secretary of State's decision to refuse to grant him an EEA residence card. Dismissing the claim, the Administrative Court held that the deportation order had not been invalid because the claimant had been outside the United Kingdom when it had been signed. Further, at no point had the claimant's detention been or become unlawful. Finally, art 27 of Directive (EC) 2005/38 did not extend to 'other family members' (OFMSs), such as the claimant.

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