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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