Factors Relating to Deterrence and Public Revulsion of the Offender’s Conduct Generally Inapplicable to EEA National’s Subject to Deportation

The Home Office has within the  last year ( more  so  since the coming into force of the Immigration Act  2014) increasingly sought to put in place  measures to  deport as many foreign criminals as possible from the  UK but in so doing,  seem to be deliberately blurring   the line between the  relevant applicable law  and principles that apply when deporting a foreign national criminal  as opposed to an EEA national  criminal subject to deportation. There has,  for example,  been  a  deliberate mirroring  of  the Section 94B certification,  which  applies to non- EEA foreign national criminals    and the  Regulation 24AA Certification  that applies to  EEA nationals similarly  subject to deportation – the  intention  being to  deny deportees  an in – country right of appeal.   In  terms of relevant   litigation  in this regards for both categories of deportees, the Secretary has so far  been winning,  as in Kiarie, R (On the Application Of) and Another v The Secretary of State for the Home Department [2015] EWCA Civ 1020 in relation to section 94B and  as regards Regulation 24AA, of which  judgment was handed down by the Upper Tribunal on 26 November 2015,   following a judicial review claim. The judgment is not yet in the public domain.

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