News & Resources

Challenge to Irish deportation policy dismissed by Administrative Court

3rd February 2017

Julia Smyth, instructed by the Government Legal Department, successfully represented the Secretary of State for the Home Department.

The Claimant argued that the policy on the deportation of Irish nationals was ultra vires the legislative provisions of the UK Borders Act 2007, but the Court rejected that challenge, accepting the Secretary of State’s submission that s.32 of the Act did not require a deportation order to be made in the Claimant’s case. The Court also rejected a “reasons” challenge advanced by the Claimant. The judgment is reported as: R (Connell) v SSHD [2017] EWHC 100 (Admin).