“…However, in the recent case of R (Hafeez) v Secretary of State for the HomeDepartment [2020] EWHC 437 (Admin); [2020] 1 WLR 1877 it was contended that regulation 33 was unlawful as not properly implementing the Directive because certification was a “measure” which rest…”
“…On 28 February 2020, Foster J handed down judgment in Hafeez v Secretaryof State for the Home Department [2020] EWHC 437 (Admin), in which she held that an EU proportionality analysis in accordance with article 27 of the Directive is required before the power to certify in regulation 33 …”
“…might make against the removal. That certification was contested (a challenge which has recently been upheld by Foster J on judicial review: (R (Hafeez) v SSHD [2020] EWHC 437 (Admin)) and the appeal proceeded without Mr Hafeez being removed.…”