R (on the application of SO) v Secretary of State for the Home Department

Immigration – Deportation. The claimant Portuguese national was subject to a deportation order and detained pending deportation. He appealed unsuccessfully on human rights grounds. Subsequently, he sought to apply for revocation of the deportation order on the basis of change of circumstances. The Secretary of State refused the application and certified, pursuant to Reg 26(5) of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003, the grounds relied on as having been previously considered in an earlier appeal. The Administrative Court dismissed the claimant's application for judicial review as the Regulations were not incompatible with either European Union law or the European Convention on Human Rights and the claimant's detention had not been unlawful. However, the certification decision would be quashed as it had been flawed for want of legally adequate reasons.

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