For those who possess enforceable EU law rights that have received a deportation decision and have the ability to appeal or have an appeal pending against the deportation decision, this guidance serves to provide some information by illuminating regulations 33 and 41 of the Immigration (European Economic Area) Regulations 2016, which came into force on 1 February 2017.
Here’s what you need to know.
(Updated as of 03 April 2020)
EEA regulations 2016
“Regulation 33 of the EEA Regulations 2016 permits the removal, on a temporary basis, of a person who is to be deported under regulation 23(6)(b) on grounds of public policy, public security or public health, pending the conclusion of any appeal against the decision to deport.
A person may only be removed pending the outcome of their appeal where a decision has been made to certify that, despite the appeals process not having been begun or finally determined, their removal to the country or territory to which it is proposed they will be removed would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
The grounds upon which a decision may be made to certify removal include (in particular) that the person would not, before the appeal is finally determined, face a real risk of serious irreversible harm.”
“An appeal against a deportation decision made under regulation 23(6)(b) of the EEA Regulations 2016 (including an in-time right to appeal that has not yet been exercised) will suspend removal proceedings, unless a decision has been made to certify removal under regulation 33 of the EEA Regulations 2016.
A decision to certify removal can be made if the person’s removal to the country or territory to which it is proposed they are removed, , despite the appeals process not having begun or having been finally determined, would not give rise to a real risk of serious irreversible harm or otherwise be unlawful under section 6 of the Human Rights Act 1998. The decision to certify under regulation 33 must additionally be proportionate. This is subject to some exceptions:”
- where the removal decision is based on a previous judicial decision
- where the person has had previous access to judicial review
- where the removal decision is based on imperative grounds of public security If removal has been certified, it will only then be suspended if the person subject to removal applies to the courts for an interim order to suspend enforcement of the removal decision and that application for has not yet been determined, or a court has made an interim order to suspend removal.
Please be advised that the above information is not an exhaustive list as there are more requirements and points to consider when making an application
For more information on certification guidance for non-suspensive appeals: EEA deportation, send an email to firstname.lastname@example.org or contact us on 01204 531 535 to book a telephone/Skype consultation. The fee is £30.
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