Home Office Guidance
6. To accompany the insertion of regulations 24AA and 29AA the Home Office also issued a document entitled “Regulation 24AA Certification Guidance for European Economic Area deportation cases”, which we have annexed in its Version 2.0, 20 October 2014 form. It explains that when the regulations came into force it was with an initial cohort limited to persons aged 18 or over who do not have a genuine and subsisting parental relationship with a dependent child or children. That first phase ended on 17 October 2014. Section 2 deals with cases not suitable for regulation 24AA certification. Section 3 addresses when to certify a human rights claim under regulation 24AA and at 3.3. (real risk of serous irreversible harm) and 3.4. (timing of certification) the caseworker is instructed to see for guidance the section 94B certification guidance for non-EEA nationals. Section 4 deals with interim orders. Section 5 concerns re-entry to present appeal in person.
- JUDGE STOREY
- Kiarie, R (On the Application Of) and Another v The Secretary of State for the Home Department
- Kiarie and Byndloss
- The 2004 Citizens Directive
- Article 27
- Article 28
- Article 31
- The 2006 EEA Regulations
- Home Office Guidance
- The application
- The statutory appeal
- The decision under challenge
- The grant of permission
- Department
- The grounds
- Macastena
- Kiarie & Byndloss
- ANALYSIS
- udicial redress
- Suspensive effect
- The regulation 24AA test
- ground
- Regulation 24AA as a discretionary power
- Regulation 24AA as a temporary measure tied to the appeals process
- in-time appeal:
- The proportionality issue
- Kiarie & Byndloss
- The right of “defence” in person and regulation 29AA
- Meaning of Exclusion
- Right to be heard
- Ahmed, R (on the application of) v Secretary of State for the Home Department (EEA/s 10 appeal rights: effec
- Khaled Boudjlida
- EU:C2010:146
- EU:C:2013:588
- Pecastaing v Belgium
- case
- THE APPLICANT’S CASE
- Kiarie and Byndloss
- JR (in the application of) v Secretary of State for the Home Department
- Ukus
- Annex A
- Note:
- Human rights considerations and interim orders to suspend removal
- here
