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New case on two year reconsideration period for EU deportations


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A new tribunal case on EU deportations. The headnote:

Neither a decision to make a deportation order nor a notice of intention to make a deportation order triggers the two year period specified in regulation 24(5) of the EEA Regulations. The two year period begins upon the making of the deportation order itself.

Regulation 24(5) provides for automatic reconsideration of deportation decisions if a person receives a deportation order but it is not actioned for a two year period. It reads:

Where such a deportation order is made against a person but he is not removed under the order during the two year period beginning on the date on which the order is made, the Secretary of State shall only take action to remove the person under the order after the end of that period if, having assessed whether there has been any material change in circumstances since the deportation order was made, he considers that the removal continues to be justified on the grounds of public policy, public security or public health…

In this case the deportation order itself had not been made so the two year period had not begun to run and there was no mandatory automatic reconsideration by the Secretary of State.

Source: Aitjilal, R (on the application of) v Secretary of State for the Home Department (EEA Regulations – deportation – reassessment -regulation 24(5)) [2016] UKUT 563 (IAC) (9 December 2016)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.