Case No. UKUT-00677-(IAC)

22. Likewise it was common ground that regulation 29AA seeks to give effect to the provisions of Article 31(4). Whilst Mr Malik disputed that it fully achieved this, we consider Ms Smyth is entirely right in her submission that Article 31 is predicated on recognition that expulsion decisions against Union citizens do not attract automatic suspensive effect. As we have just explained, the article does require that no removal can take place until an applicant has had a decision on an application for an interim order to suspend enforcement of that decision (Article 31(2)). It also stipulates that Member States may not prevent the individual from submitting his/her defence in person (except in two specified circumstances). But it does not prevent removal prior to the hearing of his statutory appeal – subject only to a right to a decision on an application for an interim order to suspend enforcement of that decision (Article 31(2) and (4)). 23. Consistent with the terms of Article 31, the new wording of regulation 29(3) provides that a statutory appeal against an EEA decision to remove an EEA national from the United Kingdom has suspensive effect except where that decision is made under regulation 19(3)(b) (which is the provision under which the decision to deport was made against the applicant in this case).