Tag Archives: EEA Law

EEA Deportations: Enhanced Levels of Protection And Periods of Activity, Residence and Imprisonment

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The Court of  Appeal’s  recent decisions in Warsame v The Secretary of State for the Home Department [2016] EWCA Civ 16 and Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13  considered the circumstances in  which reliance can be  placed upon   enhanced levels of protection provided within the Citizen’s Directive  in relation to expulsion of   EEA nationals  subject to deportation proceedings.

The central question in Vassallo was  whether the Tribunal was  correct in law to find that Mr Vassallo had acquired a right of permanent residence.  The  Court of Appeal  having   full regard to the  Citizen’s Directive,  relevant  CJEU caselaw and  the 2006 EEA Regulations,  decided  that having regard to the  character of the  EEA national’s  residence in the UK,  after a historical  accrual of  the requisite 5years,  and despite Mr Vassalo having  resided  in the  UK  for  over 50years,  no  right of permanent residence  could be relied upon.

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Upper Tribunal Warning to Legal Practitioners On Wider Applicability Of Surinder Singh Principles:With Doubt Cast On Co- Existence With Citizen’s Directive/ 2006 EEA Regulations

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On 6 November 2015, the  Upper Tribunal notified their decision in Osoro ( Surinder Singh) [2015] UKUT 593 (IAC). They  concluded their  decision with observations  seeming to cast strong  doubt upon  the continuing  effectiveness  of Surinder Singh following  the coming into force of the EEA Regulations. Having raised  doubt  as to  the co-  existence of Surinder Singh with the Regulations, the Upper Tribunal  regrettably did not  take it upon  themselves to  answer the very  questions they had  unilaterally  raised. To top it all , there is an equally strong warning from the Upper Tribunal   to legal practitioners  and Judges to take care in considering what was actually decided in Surinder Singh. It seems  we do not appear to be understanding the ratio decidendi, in that judgement.  The  Appellant and Sponsor  in Osoro however appears  to  have been legally unassisted and  as such  the warning to legal practitioners might  perhaps have awaited  adjudication  upon a specific and appropriate  case both where  an appellant  was legally represented  and  where the raised issues could have been  fully ventilated   in relation to the  questions the Upper  Tribunal  have  regrettably deferred  to a  future case.

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Children Adoptions and Inter Play Between The Immigration Rules and EU law: Exclusion of Children From The UK, Denial of EEA Family Permit Where The Adoption Is Not Recognised Under UK Law

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If an adoption order  is not recognised as valid in the United Kingdom, on the basis of current caselaw,  obtaining an adoption order outside the UK with a view for a settled  or EEA national sponsor to   apply for entry clearance for the adopted child under either the Immigration  Rules  or EEA law  means that the defect will be fatal to the application. Where such an application fails,  it also  seems simply  not   enough  to argue  family life arguments  or the  bests of the child in the alternative.

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