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Doughty Street Chambers: Home Office concedes appeal on unlawful employment restriction placed on EU national

Date of Publication: 
11 September 2018
Summary: 

Settlement has important ramifications for EU nationals and their family members

Doughty Street Chambers: Home Office concedes in appeal over unlawful employment restriction placed on EU national

11 September 2018
EIN

Doughty Street Chambers reported yesterday that the Home Office conceded shortly before a hearing in the Court of Appeal in June and accepted that it had acted unlawfully in prohibiting the employment of an EU national who was pursuing legal challenges to his deportation.

Doughty Street Chambers says the settlement has important ramifications for EU nationals and their family members in the UK.

The sealed order allowing the appeal and the agreed statement of reasons approved by the Court of Appeal can be downloaded here (in scanned PDF format) and members of EIN can read them here.

The earlier judgment in Lauzikas v The Secretary of State for the Home Department [2016] EWHC 3215 (Admin) has been set aside.

The settlement was reached after prolonged litigation challenging an employment restriction placed upon the appellant, a Lithuanian national, following his release from prison after serving a 14-month sentence. The Home Office sought to deport the appellant and imposed a restriction preventing him from working without carrying out an internal assessment.

Doughty Street Chambers says in the settlement the Home Office "ultimately acknowledged that an employment restriction can only be imposed on an EU national following consideration of whether the employment restriction is necessary, justified and otherwise proportionate. It is not enough for the Home Office to point to the fact that it has decided to deport the individual."

The appellant was represented by Doughty Street Chambers' Laura Dubinsky and Alison Pickup.