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Deportation Update 2023

Speaker: Amanda Jones
Chambers: Great James Street Chambers

Amanda is a specialist in immigration and public law. She has advised and appeared in numerous immigration matters in the Court of Appeal, and in the Administrative Court on appeals, judicial review and injunctions. Amanda is instructed in asylum cases, particularly in relation to Afghanistan, Pakistan, Bangladesh, India, Iran, Iraq, Syria, Lebanon, Sri Lanka and Saudi Arabia. She also deals with entry clearance work, including the points-based system, visitors, and family reunion, deportation appeals in relation to criminal convictions or alleged terrorist connections, and cases in which a threat to national security is alleged.

In this presentation Amanda presents an update on the regimes impacting people who are not British citizens who are considered for deportation. She highlights the mechanics of 3 regimes that are geared to address people in different situations. These different regimes concern EEA citizens and their family members where criminal conduct took place before 11pm on 31st December 2020, EEA nationals and their families after this date, and those who are not UK or EEA nationals or their family members.

Key words/topics:

EEA Citizens
Deportation
UK Nationals
Immigration Rules and the Nationality, Immigration and Asylum Act 2002 (as amended)
First Tier Tribunal for non-EEA citizens
The EEA Regulations 2016
European Union (Withdrawal Agreement) Act 2020
The Grace Period Regulations 2020
Arranz (EEA Regulations – deportation – test) [2017] UKUT 294 (IAC)
Decisions taken on grounds of public policy, public security and public health 27. – (5)
Proportionality
Essa (2013) at [34])
Directive and the 2006 EEA Regulations
Dumliauskas at [46] and [54]
Post-brexit
First Tier Tribunal Procedure Rules
The UK Borders Act 2007 s.32(5)
Immigration Rules and the Nationality, Immigration and Asylum Act 2002 (as amended).
Lawful residence
Obstacles to integration
Family life exceptions
KO (Nigeria) v SSHD [2018] UKSC 53