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Court of Appeal strikes out appeal of High Court proceedings concerning the enforcement of a deportation order, on the grounds that the proceedings involve a challenge in substance to the validity of a deportation order by seeking an order restraining the enforcement of that order; as such, absent the grant of a certificate by the High Court pursuant to statute, the court has no jurisdiction to entertain this appeal.
Asylum and Immigration – enforcement of a deportation order otherwise than by means of an application for judicial review in accordance with the requirements of s. 5 of the Illegal Immigrants (Trafficking) Act 2000 (as inserted by s. 34 of the Employment Permits (Amendment) Act 2014) – whether the Court of Appeal has jurisdiction if the present proceedings are in fact governed by s. 5 of the 2000 Act – deportation order made against the applicant, an Indian national, after he refused to engage with the authorities – whether if the applicant was deported it would deprive his child of his right to live in the territory of the European Union – appeal of High Court proceedings where principal relief sought was an order that “the implementation of the deportation order…at this juncture would be unlawful.” – s. 3(11) of the Immigration Act 1999 – absence of a certificate permitting an appeal to be taken to this Court – do the present proceedings amount to a collateral attack on the validity of the deportation order – Directive 2004/38/EC – proceedings are governed by s. 5(1)(c) of the 2000 Act as they involve a challenge in substance to the validity of a deportation order by seeking an order restraining the enforcement of that order – Court has no jurisdiction – appeal must be struck out for want of jurisdiction
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