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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