Category Archives: Appeals

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

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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

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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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Obliterating AA: Home Office decision-makers instructed to no longer use “contested’ and ‘non-contested’ definitions in Iraqi security situations

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The  Home Office  must have realised  that their previous August 2016  Policy Notes  could be readily  rubbished  at appeal  as they have now replaced most of those and  published further Notes  on  the security and humanitarian situation in Iraq:Country policy and information note: Security and humanitarian situation, Iraq, March 2017

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A Government’s onslaught on refugees: Safe return reviews, cessation, exclusion, and revocation

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Prior to 9 March 2017,  the general  view certainly was that, Home Office practice (subject to some exceptions), was to routinely grant settlement to  refugees  who had  completed the 5year probationary period.  On  9 March 2017,  the Home Office however published updated  Guidance, Refugee Leave  dated  2 March 2017, firmly indicating  that,  “All those who apply for settlement protection after completing the appropriate probationary period of limited leave will be subject to a safe return review with reference to the country situation at the date the application is considered”.

 

Not only that but that  refugees can  be subject to the  review procedure at any  juncture whilst holding  refugee status, “ A person’s case may also be reviewed at any point in the process either when triggered by their actions, for example, they are convicted of a serious crime, or in light of a significant and non-temporary change in conditions in their country of origin such that they no longer need protection”.

 

 

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The New 2016 EEA Regulations: Fertile Ground for Removal, Expulsion and Deportation of EEA Nationals and their Family Members

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On 1 February 2017, the EEA Regulations 2006 were revoked and replaced by the EEA Regulations 2016.

 

The Home Office position is this: “EEA Regulations 2016 in large part consolidate and clarify the provisions, modernise the language used and simplify terms where possible in line with current drafting practice. The EEA Regulations 2016 reflect the margin of appreciation enjoyed by member states to determine their own requirements of public policy and public security, for their own purposes, from time to time. They also make a number of substantive changes, including in respect of public policy and public security decisions”.

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The effect and impact of these sweeping new changes upon EEA nationals and their family members,  is that they are  highly liable to  removal, expulsion or deportation: not only for failure to exercise treaty  rights in the UK,  but also for   engaging  in certain types of behaviour. The reach of the new regulations is such that  even those with impending prosecutions  as well as those who have not  committed any crime  may be  caught by the new changes,  purely on  the basis of  decisions  which can be taken on preventative grounds.

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When the Home Office seek to unfairly deny a man his entitlement to British citizenship and an Immigration Judge invokes justice

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It might be difficult to imagine a scenario where a person, born in the United Kingdom 53year ago, following a change of name is issued a British passport (with the passport office fully aware of the former name), but only for the home office to subsequently take deportation action against him years later, on the basis that he is not British.

 

But that is exactly what the Home Office sought to do to a man who was born in the UK  in the early   60’s to parents of Nigerian origin,  who were residing in the UK at that time.

 

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