EEA deport first, appeal later Guidance: Regulation 33 not undermined by Supreme Court decision in Kiarie & Byndloss

The Home Offices’ current position is that the  recent Supreme Court judgment in Kiarie and Byndloss, R (on the applications of) v Secretary of State for the Home Department [2017] UKSC 42 does not undermine the application of regulation 33 of the 2016 EEA Regulations.


The Home Office Policy Guidance Regulations 33 and 41 of the Immigration (European Economic Area) Regulations 2016 was amended on 3 August 2017 in the following regards:


  • Changes to reflect the Supreme Court judgment in Kiaire and Byndloss

  • Changes to reflect the Court of Appeal judgment in OO (Nigeria)

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New 2016 EEA Regulations: Failure to submit a valid national passport invalidates residence card application

Although to be applauded for the determined efforts in  seeking a construction of the EEA Regulations  that  favour the  Claimant, the  arguments,  considerations and reasoning in  Ullah, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1999 (Admin) (31 July 2017) appear unnecessarily  complicated,   with accompanying repetitious  reasons given in order to justify the decision.


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Lambasting of legal representatives and Home Office: Court of Appeal clarifies Secretary of State not bound by any family court orders in deportation/removal cases

It is very depressing. The law has been clear for the best part of 50 years ……… It should go without saying, but I fear there is need to spell out what ought to be obvious ……So far as I am aware, none of these principles have ever been challenged or doubted. Is it too much to demand that people pay more attention to them?”, so queried  the President of the Family Division in apparent   exasperation  in  The Secretary of State for the Home Department v GD (Ghana) (Rev 1) [2017] EWCA Civ 1126 (25 July 2017).  This was said during the course of seeking to reiterate  the effect of family court  orders in  deportation and removal cases.


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Wide-reaching judicial innovation: Stateless UK born child able to acquire Indian nationality found entitled to British citizenship

By an innovative and skilful interweaving of statutory provisions, caselaw and guidance, Mr C M G Ockelton  sitting as Deputy High Court Judge,  reached a startling conclusion. He concluded that a child born in the UK in 2010, who  could have been registered as an Indian national at  any time  since  birth,  was entitled to registration as a British citizen, having regard to the requirements of paragraph 3 of Schedule 2 to the British Nationality Act 1981.


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Revocation of deportation orders: FTT Judge applies the wrong law and incorrectly approaches the issue of delay

In The Secretary of State for the Home Department v SU [2017] EWCA Civ 1069 (20 July 2017), the Court of Appeal clarified from the outset that they had been informed that the appeal before them was  the first occasion on which they were  concerned with the correct approach to the revocation of a deportation order where it had been implemented but the deportee had, in breach of the deportation order, returned to the UK and established a private and family life following  the period of unlawful presence.


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