Mandatory requirement of individual assessment for EU citizens waiting for deportation
The Court of Appeal in the case of R (Lauzikas) v Secretary of State for the Home Department  EWCA Civ 1168 ruled out that the Home Office can not detain an EU citizen who is awaiting deportation from the UK without first assessing whether doing so is a “proportionate and necessary” measure in accordance with EU Law. Any decision to detain the person cannot be justified only by his/her previous charges. On the contrary, Home Office should conduct individual assessment of the situation before or immediately after the detention of an EU citizen.
Posted on Jul 16, 2019.