EU Citizens Directive and 2006 Regulations Strictly Applied: Temporary Break in Economy Dependency Upon EEA National Renders Right to Permanent Residence Unattainable

The Court of Appeal,  in Secretary of State for the Home Department v Ojo [2015] 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…

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Home Office Attempt to Subvert the EEA Legislative Scheme Fails: EEA Permanent Residence Not Lost By Reason of Criminality or Imprisonment

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 [2015] EWCA Civ 1198
  • Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245
  • AA (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 1249

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The Deportation and Exclusion Regime for EEA And Non- EEA Foreign National Criminals: Of Deportation Orders, Exclusion Decisions and Exclusion Orders

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.

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