Court of Appeal considers whether a historic unexercised entitlement to British citizenship is sufficient to resist deportation

The value of Akinyemi v The Secretary of State for the Home Department [2017] EWCA Civ 236 (04 April 2017) is the consideration by the Court of Appeal  of an appeal by a 33year old man who had been born in the UK; had long  missed out on an opportunity  of acquiring British citizenship  and was now subject to deportation proceedings having accrued a lengthy criminal record in the UK.  Could  the fact that he  been  entitled to acquire British  citizenship  over the past years but failed to avail himself of the appropriate avenues, be sufficient to enable him to successfully resist deportation?  Could his presence in the UK be regarded as unlawful or precarious? Could the fact that  the Appellant  had  only ever lived in the UK all his life be sufficient to resist deportation? Is the  absence of connections with the country of return, a trump card? What is the effect of  serious and persistent offending?

 

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Expedition, Reconsideration of EEA applications and EEA Appeal Rights under the 2016 Regulations

Following an adverse decision being made by the Home Office, an affected person may be torn between re-applying for residence documentation, requesting reconsideration or appealing an EEA decision.  In practice however, requesting that the Home Office re-consider a decision made on deportation grounds, rather than submit an appeal would be pure folly: the Home Office are very likely to maintain the same negative decision and most importantly, the failure to appeal would likely leave the EEA national or their family member subject to deportation without any other viable alternative remedy and liable to imminent removal.

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