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.
