The Court of Appeal, in Secretary of State for the Home Department v Ojo  EWCA Civ 1301 has strictly interpreted Regulation 7(1) of the EEA 2006 Regulations with the result that an adult non – EEA family member previously dependant upon her EEA national mother was unable to continue relying upon EEA law to show that she had acquired a right of permanent residence in the UK since during her period of residence here she had temporarily been economically independent from her mother…
The Home Office have recently been on a downward streak in the Court of Appeal in terms of issues in relation to EEA law and in particular EEA deportations.
Read my post regarding the recent judgments from the Court of Appeal on the issue in the cases of:
- Agho v The Secretary of State for the Home Department  EWCA Civ 1198
- Secretary of State for the Home Department v Straszewski  EWCA Civ 1245
- AA (Nigeria) v Secretary of State for the Home Department  EWCA Civ 1249
The UK Government has over the years (more so since July 2012) sought to introduce measures intent upon ensuring that foreign national criminals are deported or excluded from the UK. Where deportation appeals are won, the Home Office’s now predictable reaction is an onward appeal, challenging allowed Tribunal decisions and sometimes with success. Those subject to deportation therefore cannot afford to proceed upon an assumption that once a deportation appeal is won, the Secretary of State will not seek to appeal such a decision.