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

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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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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