EEA Deportation Regulation 24AA Certification Judgement: A Rubber Stamping Of Kiarie & Byndloss In Conjunction With Section 94B

In a judgement handed down  on  26 November 2015, the Upper Tribunal,   closely following Kiarie, R (On the Application Of) and Another v The Secretary of State for the Home Department [2015] EWCA Civ 1020,  dismissed a Regulation 24AA certification    judicial review challenge  by an EEA national subject to deportation.

(Although no longer subject to an embargo, the judgement is at  the current time yet to be  published in the public domain).

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Refusal Decisions: The Various Available Avenues of Challenging Adverse Home office Decisions

Where a  person  is refused   leave to remain by the Home Office,  considerable distress inevitably  arises.  An in -country right of appeal may be provided or the applicant may be  required to appeal once they have left the UK.  On the other hand, a right of appeal may be denied altogether.

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Home Office Application Fees and Tribunal Appeal Fees: Avoiding Payment Via Fee Waivers, Exemptions And Remissions

The Home Office  have increasingly  made it so over the years that  applicants intending to  submit  leave to remain applications think twice before doing so in light of   the applicable prohibitive costs involved  in not  only  having to make provision for  the relevant  home office application fees but also  as from April 2015, the NHS Health  Surcharge.  Families seeking to submit human rights applications are most affected  in particular where they have no leave to remain, no source of income  but having  qualifying children for example under the “7year Rule” justifying  submission of a leave application.  Not  only  is the  cost of the home office application fee daunting but there is also the  possibility, where  upon refusal,  that   further   Tribunal  appeal fees may  need to be paid  if  an  in -country right of appeal  is given.

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UK Certification Procedure and Appeals: What the Home Office Consider A Weeding Out of Abusive, Spurious, Repetitious And Unfounded Claims

Although an applicant   who submits a claim  to the Home office   has the hope that  the  outcome will be positive, that claim may however be refused  with the Home office subjecting it  to the certification procedure.  The certification  procedure operated by the Home Office   in relation to human rights and asylum claims  has the effect of either  an outright denial of a right of appeal  or a  requirement  that such an appeal right be  pursued  after the person  has  left the UK.

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The Deportation and Exclusion Regime for EEA And Non- EEA Foreign National Criminals: Of Deportation Orders, Exclusion Decisions and Exclusion Orders

The  UK Government  has  over the years (more so since July 2012)  sought to introduce measures   intent upon ensuring  that  foreign national criminals  are  deported or excluded from the UK.  Where deportation appeals are won, the Home Office’s   now predictable  reaction  is an onward appeal,  challenging  allowed Tribunal decisions  and sometimes with success.  Those subject to deportation  therefore cannot afford to  proceed upon  an assumption  that once a deportation appeal  is won, the Secretary  of State will not seek to appeal such  a decision.

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Children Route Applications Under the Immigration Rules : Part 8 Of The Rules Largely Preserved

Persons settled in the UK  may  have come  here under various  categories  of the  immigration rules(or even illegally) and subsequently obtained settled status or  become British citizens.  Prior to their arrival to the UK, they  may have  left children  in their  country of  origin, with such  children resident  abroad  but still under the age of 18years.  Upon the  parent acquiring settled status,   the expected course of action is  to  submit an application  for entry clearance  to enable    the child’s entry to the  UK.

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