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Exclusion Order Challenge

01 March 1993

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John Gallagher has been given leave to apply for judicial review by the appeal court in order to challenge the Home Secretary's decision to exclude him from Britain under the PTA in September 1991. Gallagher had worked in Greece, the Netherlands and England in the four years prior to his exclusion but now lives in Dublin and is unemployed. His case is that the power of exclusion contradicts European Community law on freedom of movement, notwithstanding the qualifications under Article 48 of the Treaty of Rome regarding national security. He is also claiming that the Home Secretary's decision and the lack of proper rights of appeal, amount to arbitrary deportation. The excluded do have the right to be interviewed by an advisor to the Home Secretary. In Gallagher's case this interview took place at the British Embassy in Dublin in December 1991. The Home Secretary has refused to reveal the identity of the person who conducted the interview and Gallagher is also challenging this decision on the grounds that he cannot assess if he has been given a fair hearing.

Irish News 6.3.93.

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