[2024] UKUT 00362 (IAC)

Manyo (EEA deportation; Imprisonment at 31/12/2020)

Heard at Field House

THE IMMIGRATION ACTS

Promulgated on 14 September 2023

Before

THE PRESIDENT, MR JUSTICE DOVE

and

UPPER TRIBUNAL JUDGE MANDALIA

Between

Secretary of State for the Home Department

Appellant

and

Kingsley Manyo

(NO ANONYMITY DIRECTION MADE)

Respondent

Representation:

For the Appellant: Mr D Clarke, Senior Home Office Presenting Officer

For the Respondent: Ms A Jones, instructed by Tann Law

1. An EEA national who had not acquired the right of permanent residence and who was in prison on 31 December was not exercising Treaty Rights in accordance with Article 7 of Directive 2004/34/EC, and therefore was not lawfully resident in the United Kingdom by virtue of the EEA Regulations 2016 immediately before IP completion day.

2. It follows that where the appellant cannot benefit from the saving of the EEA Regulations 2016 during the grace period and whilst applications are finally determined as set out in the Citizens’ Rights Regulations 2020, a deportation decision must be taken and assessed by reference to the domestic legal framework by reference to the Immigration Act 1971, UK Borders Act 2007 and the Immigration Rules.

DECISION AND REASONS