Permission to appeal granted by Michael Fordham QC sitting as a Deputy Administrative Court Judge on 4 May 2018. The Judge stated that the claim for judicial review raised two questions of principle (1) whether there is an EU law based test of individualised proportionality and necessity and (2) when a public law flaw in a distinct decision renders detention unlawful.
The applicant challenges the legality of his immigration detention by the Secretary of State for the Home Department during the three months from 27 January 2015 until 29 April 2015. The applicant is a Lithuanian national who was sentenced on 27 January 2015 to 14 months imprisonment for possession of an imitation firearm. However due to credit received for time on remand was due to be released the same day. The applicant was notified by the SSHD of his intention to deport him on 27 January 2015 and his detention was authorised pursuant to regulation 24(1) of the EEA Regulations.