Arrow left dark
Newsletter icon SUBSCRIBE
Article Tags:
northern ireland

NI: Leave granted for judicial review of deportations of homeless EU citizens

Clock icon Reading time: 2 minutes
Article Tags:
northern ireland

Conal McGarrity
Conal McGarrity

Dungannon-based PA Duffy & Co. Solicitors is acting for a man challenging the Home Office’s policy of deporting homeless EU citizens.

Solicitor Conal McGarrity is acting for Tadeusz Stach in his judicial review against the Secretary of State for the Home Department and the Department of Communities.

Mr Stach is challenging:

  1. The Home Office “rough sleeping” policy relating to EEA nationals where homeless EEA are served with a deportation notice and are thereafter removed from the UK;

  2. The Home Office decision to remove the Applicant from the United Kingdom;

  3. The refusal of DOC by its decision dated 10 February 2017 to grant the Applicant Job Seekers Allowance;

  4. Article 10(5) of the Housing Benefit Regulations 2014, a provision of domestic law which was allegedly responsible for the Applicant being “street homeless” from May to 07 September 2017 which excludes all EEA nationals who are in receipt of JSA from access to Housing Benefit

    5. The case is due to be listed short for full hearing.

    A spokesperson for PA Duffy & Co. Solicitors told Irish Legal News: “This is a wide ranging challenge that if successful will have serious implications for the UK Government against the backdrop of Brexit and in particular signal a key defeat to their ‘hostile environment’ policy which targets EEA national immigrants.

    “We say that there has been a manifest breach to our client’s rights under Articles 18 and 45 (TFEU); Section 6 of the Human Rights Act 1998 in respect of Articles 2, 3 and 8 ECHR; Section 6 Human Rights Act 1998 ground invoking Article 14 ECHR in tandem with Articles 2, 3 and 8; The section 75 NIA Act 1998.”

    Share icon
    Share this article:

    Related Articles