Exclusion Order Challenge (1)

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Exclusion Order Challenge
artdoc May=1993

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.

Statewatch vol 3 no 2 March-April 1993

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