Case No. UKUT-00677-(IAC)

24AA. (1) This regulation applies where the Secretary of State intends to give directions for the removal of a person (“P”) to whom regulation 24(3) applies, in circumstances where— (a) P has not appealed against the EEA decision to which regulation 24(3) applies, but would be entitled, and remains within time, to do so from within the United Kingdom (ignoring any possibility of an appeal out of time with permission); or (b) P has so appealed but the appeal has not been finally determined. (1) The Secretary of State may only give directions for P’s removal if the Secretary of State certifies that, despite the appeals process not having been begun or not having been finally determined, removal of P to the country or territory to which P is proposed to be removed, pending the outcome of P’s appeal, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention). (2) The grounds upon which the Secretary of State may certify a removal under paragraph (2) include (in particular) that P would not, before the appeal is finally determined, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed. (3) If P applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the removal decision, P may not be removed from the United Kingdom until such time as the decision on the interim order has been taken, except— (a) where the expulsion decision is based on a previous judicial decision; (b) where P has had previous access to judicial review; or (a) where the removal decision is based on imperative grounds of public security. (5) In this regulation, “finally determined” has the same meaning as in Part 6.”. IDIs: Chapter 13 – Criminality Guidance in Article 8 ECHR Cases V5.0 (28 July 2014) Page 3 of 12 Note: This Document Becomes an Uncontrolled & Unsupported Version if Printed Background 1.3 The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 amended the Immigration (European Economic Area) Regulations 2006 so that an appeal against a deportation decision under regulation 19(3)(b) of the EEA Regulations no longer suspends removal proceedings, except where: • the Secretary of State has not certified that the person would not face a real risk of serious irreversible harm if removed to the country of return before the appeal is finally determined. • the person has made an application to the courts for an interim order to suspend removal proceedings (e.g. judicial review) and that application has not yet been determined, or a court has made an interim order to suspend removal. 1.4 The application of a regulation 24AA certificate does not prevent a person from lodging an appeal from within the UK, rather, by amending regulation 29 of the EEA Regulations, it removes the suspensive effect of that appeal. So, whilst a person may lodge their appeal in-country, the lodging of such an appeal does not suspend their removal from the UK. The new Regulations also do not impact on the period allowed for voluntary departure, and a person liable to deportation pursuant to the EEA Regulations still has 30 days in which to leave the UK voluntarily before their removal is enforced, save in duly urgent cases. 1.5 Therefore, regulation 24AA applies to: • a person who appeals in time against an EEA deportation decision, where that appeal has not been finally determined; • a person who has not appealed against an EEA deportation decision but would be entitled to do so from within the UK (this does not include out of time appeals). 1.6 The amended EEA Regulations also allow a person who was deported under regulation 19(3)(b) before their appeal is finally determined, to apply from out of country for permission to re-enter the UK solely in order to make submissions in person at their appeal hearing. Initial Cohort 1.6 Regulations 24AA and 29AA came into force on 28 July 2014. They were initially rolled out to a limited cohort of cases where: • the person was aged 18 or over at the time of the deportation decision; and • the person did not have a genuine and subsisting parental relationship with a dependent child or children. 1.7 That first phase came to an end on 17 October 2014. Section 55 duty IDIs: Chapter 13 – Criminality Guidance in Article 8 ECHR Cases V5.0 (28 July 2014) Page 4 of 12 Note: This Document Becomes an Uncontrolled & Unsupported Version if Printed 1.8 The duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children who are in the UK means that a child’s best interests are a primary consideration in deportation cases. 1.9 Case owners must carefully consider all of the information and evidence provided concerning the best interests of a child in the UK, in relation to the application of the regulations 24AA and 29AA of the EEA Regulations. Case owners must carefully assess the quality of any evidence provided. Original, documentary evidence from official or independent sources will be given more weight in the decision-making process than unsubstantiated assertions about a child’s best interests. 1.10 For further guidance in relation to the section 55 duty, see: •