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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Humanitarian Protection: An Alternative to Refugee Protection

Although strictly speaking, the definition of ’protection claim’ refers to a claim that removal of the claimant from the United Kingdom would breach the United Kingdom’s obligation under the Refugee Convention  or  in relation to persons eligible for a grant of humanitarian protection,  there are also other forms of  protection a claimant may seek to place reliance  upon such  as:

  • Article 3 protection( e.g based upon medical grounds, general country conditions or prison conditions );
  • Protection provided to those who are stateless;
  • Protection provided to those who been subject to trafficking

The consideration of claims for humanitarian  protection  is  however quite different from other forms of protection having regard to  the  interpretation  of the relevant originating provisions including the  criteria that an applicant must fall into.

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