09 January 2017
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"Like countless other European citizens, the Lithuanian claimant, Lauzikas, came to the UK to work the construction industry. He entered the UK in 2012. However, in June 2014, a row with his former wife’s current partner led him to first threaten and then shoot the man with a BB gun. He pleaded guilty to possessing an imitation firearm and in January 2015 he received 14 months’ imprisonment. Serving seven months on remand entitled him to immediate release and he received notification of his liability to be deported and detained... In February 2015, a decision was made to make a deportation order... An appeal was lodged against the deportation decision and removal directions were cancelled after parallel judicial review proceedings were issued. Lauzikas remained in the country but was nevertheless detained until the tribunal granted him bail.
The present judicial review application was mounted on the basis that an employment restriction imposed on Lauzikas constituted an unjustified and disproportionate interference with his right of free movement as an EU worker, and that the interference was also impermissible under domestic law because the home office had no power to impose restrictions where an individual was bailed to appear before the tribunal. Thirlwall J held that the right to work is a “qualified right” which is “an aspect of the freedom of movement.” Explaining that no authority existed on the central EU law point in this case, her Ladyship refused the application because the effect of suspending removal was to merely allow him to stay in the UK in order press his legal rights. Moreover, during that time he was provided accommodation and modest financial support. So no breach of his rights occurred for him to pursue remedies against the executive."
See: Free Movement and Deportation: Nonjudicial Restrictions on the Right to Work are Lawful (United Kingdom Immigration Law Blog, link)
Judgment: Jonas Lauzikas v Secretary of State for the Home Department ([2016] EWHC 3215 (Admin)) (pdf)
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