Upper Tribunal (Immigration and asylum chamber), 2016-10-25, [2017] UKUT 287 (IAC) (R (on the application of Gabor) v Secretary of State for the Home Department (Reg 29AA: interpretation))
| Jurisdiction | UK Non-devolved |
| Judge | The Honourable Mr Justice Collins |
| Date | 25 October 2016 |
| Published date | 12 July 2017 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Hearing Date | 19 October 2016 |
| Appeal Number | [2017] UKUT 287 (IAC) |
IN THE UPPER TRIBUNAL
EXTEMPORE JUDGMENT GIVEN FOLLOWING HEARING
R (on the application of Gabor) v Secretary of State for the Home Department (Reg 29AA: interpretation) [2017] UKUT 00287 (IAC)
Field House
London
19 October 2016
The QUEEN
(ON The application OF milan GABOR)
Applicant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Before
THE HONOURABLE MR JUSTICE COLLINS
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Mr D Chirico, Counsel, instructed by Wilsons appeared on behalf of the Applicant.
Mr B Keith, Counsel, instructed by the Government Legal Department appeared on behalf of the Respondent.
1. An application for Temporary Admission pursuant to reg 29AA of the Immigration (EEA) Regulations 2006 must be granted unless the applicant's appearance may cause serious troubles to public policy or public security. Proportionality is not the test, and the cost of facilitating the applicant's appearance is not a relevant consideration. The test is whether it can be said properly that there is the necessary basis for refusing leave pursuant to para 29AA(3).
2. "Appearance", in this context, means presence in the UK for the purpose of attending the hearing (Kasicky doubted).
3. Where admission is granted for this purpose it must take place within a reasonable time to allow the applicant properly to instruct his solicitors. Normally, some 2 or 3 days before the hearing will be required.
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ON AN APPLICATION FOR JUDICIAL REVIEW
APPROVED JUDGMENT
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MR justice collins:
1. The applicant in this case is from Slovakia. He came to this country but committed serious offences and as a result it was decided that he should be removed on grounds of public policy and that he qualified under the relevant Regulations to be removed. He appealed against that decision and what is in issue in this case is his right to be returned in order to appear in person at the hearing of his appeal. That is fixed for 8 November next, which is a Tuesday.
2. The relevant provision is paragraph 29AA of the Immigration (European Economic Area) Regulations 2006. So far as material this states:
"(1) This Regulation applies where -
(a) a person ("P") was removed from the United Kingdom pursuant to Regulation 19(3)(b); (which is the position here)
(b) P has appealed against the decision referred to in sub-paragraph (a);
(c) a date for P's appeal has been set by the First Tier Tribunal or Upper Tribunal; and
(d) P wants to make submissions before the First Tier Tribunal or Upper Tribunal in person."
All those sub-paragraphs apply to this applicant.
The following sub-paragraphs provide:
"(2) P may apply to the Secretary of State for permission to be temporarily admitted (within the meaning of paragraphs 21 to 24 of Schedule 2 to the 1971 Act (as applied by this Regulation) to the United Kingdom in order to make submissions in person.
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