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The Tribunal (UTJ Freeman) held that the redress procedure required by articles 31 and 35 of the Citizens Directive does not make it necessary to treat EEA appeals of any kind as suspensive, since arrangements can be made, on the conditions set out in article 31.4, for allowing the subject to submit his defence in person, which is reason enough for declining to treat the decision of the Court of Appeal in Ahmed  EWCA Civ 303 as per incuriam for not dealing with article 35.
Accordingly, the Applicant’s claim for judicial review was dismissed. William Irwin represented the Secretary of State.