Lauzikas: Important new guidance on public law and EU law points in detention challenges
The Administrative Court has found that a Lithuanian national was unlawfully held by the Home Office for almost 50 days. R (Lauzikas) v SSHD also establishes two vital points of legal principle for which the Claimant had contended. First, where EEA nationals (or their family members) are detained, EU law imposes a test of individualised proportionality and the detention must be shown to be necessary. Second, a material public law error in a distinct, prior decision which bears on the decision to detain (eg an unlawful certificate) renders detention unlawful.
Laura Dubinsky of Doughty Street Chambers was leading counsel for the Claimant and Jane Elliott Kelly of Lamb Building was junior counsel. They are instructed by Lupins Solicitors.
The judgement can be found here.