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The Court considered whether a Deportation Liability Notice (DLN) issued by the Secretary of State to an EEA national was a “measure” or a “decision” for the purposes of the Citizens’ Directive. Robin Tam KC & William Irwin represented The Secretary of State.
The Court held that a DLN was a “measure” within the meaning of Article 27 of the Directive. However the Court also held that the DLN was not a “decision” for the purposes of Article 30 of the Directive. Accordingly, there was no requirement from the Directive that the DLN should be communicated in such a way that the subject is able to comprehend its content and the implications for them.
The Claimant’s claim was, accordingly, dismissed.
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